083940P.pdf   06/14/2010  United States  v.  Van Nguyen
   U.S. Court of Appeals Case No:  08-3940
                          and No:  09-1026
   U.S. District Court for the Southern District of Iowa - Davenport   
   [PUBLISHED] [Bye, Author, with Loken, Chief Judge, and Murphy,
   Circuit Judge]
   Criminal case - criminal law and sentencing. Iowa prosecution did not
   violate the plea agreement made in defendant's federal prosecution in
   Minnesota as the Minnesota agreement was silent on additional charges;
   venue was proper in Iowa as acts in furtherance of the conspiracy were
   committed in Iowa; full day time lapse between Miranda warnings and
   interrogation did not render statements inadmissible; district court did not
   abuse its discretion by denying defendant's motion for substitute counsel;
   evidence was sufficient to support drug conviction; no error in denying
   motion to suppress testimony regarding defendant's Minnesota drug
   dealing as it was evidence of criminal activity in this case; district court
   assignment of weight to the ecstasy pills was not erroneous as it was
   based on the typical weight per unit table contained in the Guidelines;
   sentence was not unreasonable; no error in denying defendant Nam
   Nguyen's motion for safety valve relief based on the court's finding that
   he had not given the government a truthful account of his activities;
   defendant Nam Nguyen waived any challenge to the drug quantity
   calculation.