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U.S. v. LUONG

Nos. 09-10265, 09-10267.

627 F.3d 1306 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. John That LUONG, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Mady Chan, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 29, 2010.

Attorney(s) appearing for the Case

Gary K. Dubcoff (argued) for defendant-appellant Mady Chan.

William L. Osterhoudt (argued) and Dolores Osterhoudt of Law Offices of William L. Osterhoudt, San Francisco, CA, for defendant-appellant John That Luong.

Robert David Rees , Assistant United States Attorney (argued), Joseph P. Russoniello , United States Attorney and Barbara J. Valliere , Assistant United States Attorney for appellee United States of America.

Before: J. CLIFFORD WALLACE and SIDNEY R. THOMAS, Circuit Judges, and RICHARD MILLS, Senior District Judge.

OPINION

WALLACE, Senior Circuit Judge:

This is John That Luong's and Mady Chan's second appeal from their convictions for the use of a firearm in the commission of a violent crime. Luong and Chan now ask us either to transmute their 18 U.S.C. § 924(c) sentences into 18 U.S.C. § 924(o) sentences or, for some of their section 924(c) convictions, to overturn them completely. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm the...

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