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173283P.pdf   02/01/2019  United States  v.  Seng Xiong
   U.S. Court of Appeals Case No:  17-3283
   U.S. District Court for the District of Minnesota - St. Paul   
[PUBLISHED] [Wollman, Author, with Colloton and Benton, Circuit Judges] Criminal case - Criminal law and sentencing. The government prosecuted defendant for mail and wire fraud in connection with his promotion of the creation of a Hmong homeland. The district court did not plainly err in requiring defendant, before trial, to show actual authority for his public authority defense and it did not err in preventing him from raising the defense at trial when he failed to do so; nor did the court err in precluding him from presenting an entrapment by estoppel defense in light of his failure to offer any evidence; the district court's questions to defendant during a pretrial conference did not violate his Fifth Amendment right against self-incrimination; defendant's argument that the court violated his Sixth Amendment right to compulsory process was violated when the court required him to present actual authority to present his defenses and by determining that defendant could not refer to U.S. or U.N. officials when asserting his innocent intent defense is rejected; defendant's sentence was not substantively unreasonable and his argument that the court gave inadequate weight to the sentencing goal of reducing disparity among similarly situated defendants is rejected; court would not consider an argument raised for the first time in the reply brief.