DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
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.