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U.S. v. LUONG

Nos. 03-10080, 03-10091.

393 F.3d 913 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. John That LUONG, aka Ah Sing, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Hoang Ai Le, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 23, 2004.

Attorney(s) appearing for the Case

Richard B. Mazer, San Francisco, CA, for defendant-appellant Luong.

George C. Boisseau, Santa Rosa, CA, for defendant-appellant Le.

William S. Wong, Assistant United States Attorney, Sacramento, CA, for the plaintiff-appellee.

Before: CANBY, RYMER, and HAWKINS, Circuit Judges.

RYMER, Circuit Judge:

This appeal requires us to decide whether conviction (or acquittal) on RICO conspiracy and substantive charges bars subsequent prosecution for a predicate act when the predicate act is itself a conspiracy.1

Hoang Ai Le and John That Luong appeal the district court's order denying their motion to dismiss the indictment for conspiracies to commit Hobbs Act robbery in violation of 18 U.S.C. § 1951(a) on...

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