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U.S. v. CHAN YU-CHONG

Nos. 89-30355, 89-30366 and 89-30360.

920 F.2d 594 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. CHAN YU-CHONG, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. MEN-SING LOO, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. SUI-MAN TSE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 6, 1990.

Attorney(s) appearing for the Case

Jo Ann Oliver, Asst. Federal Public Defender, Seattle, Wash., for defendant-appellant Chan Yu-Chong.

Tim McGarry, Myer & Fluegge, Seattle, Wash., for defendant-appellant Men-Sing Loo.

James S. Kempton, Seattle, Wash., for defendant-appellant Sui-Man Tse.

Ronald J. Friedman, Asst. U.S. Atty., Seattle, Wash., for plaintiff-appellee.

Before SCHROEDER, FLETCHER and FARRIS, Circuit Judges.

FARRIS, Circuit Judge:

Chan Yu-Chong, Men-Sing Loo, and Sui-Man Tse appeal their convictions and sentences. Loo and Tse dispute the constitutionality of the sentencing scheme of 21 U.S.C. § 841(b)(1)(A) as applied to them. Chan argues that section 841 does not apply to him as a matter of statutory interpretation. Loo claims that his right to a fair trial was violated by the government's comment on his failure to testify...

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