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U.S. v. MIN

Nos. 11-4702, 11-4703, 11-4704, 11-4758, 11-4795, 11-4796.

704 F.3d 314 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Saraeun MIN, a/k/a Saraevn B. Min, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Marc Eric Johnson, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Jan Stevens, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Senh Phun, a/k/a Sehn Phun, a/k/a Tommy, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. James Dwayne McCalister, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Khem Un, a/k/a Khem Roeutanck Un, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 3, 2013.

Attorney(s) appearing for the Case

ARGUED: Douglas Adrien Steinberg , Alexandria, Virginia; Jonathan L. Katz , Silver Spring, Maryland; Michael Steven Arif , Arif & Associates, PC, Springfield, Virginia; John Louis Machado , Law Office of John Machado, Washington, D.C., for Appellants. Marc Birnbaum , Office of the United States Attorney, Alexandria, Virginia, for Appellee. ON BRIEF: John E. Gullette , Woodbridge, Virginia, for Appellant Saraeun Min; Frank G. Aschmann , Aschmann & Aschmann, Alexandria, Virginia, for Appellant Khem Un. Neil H. MacBride , United States Attorney, Mary K. Daly , Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellee.

Affirmed by published opinion. Judge DUNCAN wrote the opinion, in which Judge DIAZ and Judge EAGLES joined.

OPINION

DUNCAN, Circuit Judge:

Senh Phun organized a group of associates to steal cocaine from the stash house of a drug cartel. Phun, along with Saraeun Min, Khem Un, Marc Eric Johnson, Jan Stevens, and James Dwayne McCalister (collectively, the "defendants") conspired to commit the robbery, but were arrested just before they could attempt to complete the object of their conspiracy. In fact, unbeknownst to the...

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