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U.S. v. TUAN NGOC LUONG

No. 16-10213.

965 F.3d 973 (2020)

UNITED STATES of America, Plaintiff-Appellee, v. TUAN NGOC LUONG, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Deferred November 30, 2018.

Resubmitted July 10, 2020.

Filed July 17, 2020.

Attorney(s) appearing for the Case

Ned Smock (argued), John Paul Reichmuth , and Robin Packel , Assistant Federal Public Defenders; Steven G. Kalar , Federal Public Defender; Office of the Federal Public Defender, Oakland, California; for Defendant-Appellant.

Philip Kopczynski (argued) and Jonas Lerman , Assistant United States Attorneys; Merry Jean Chan , Chief, Appellate Section, Criminal Division; David L. Anderson , United States Attorney; United States Attorney's Office, San Francisco, California; for Plaintiff-Appellee.

Before: Johnnie B. Rawlinson and Jay S. Bybee, Circuit Judges, and William E. Smith, District Judge.

OPINION

Appellant Tuan Ngoc Luong ("Luong") robbed Joel Montellano at gun point after luring him to a Bay Area Rapid Transit ("BART") train station in Castro Valley, California, by posting an advertisement for a used car on a Craigslist site. On March 26, 2015, a grand jury returned a three-count indictment charging...

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