[Download] "United States v. Tran" by United States Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: United States v. Tran
- Author : United States Court of Appeals
- Release Date : January 05, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Defendant Hang Le-Thy Tran was convicted by a jury of two counts of aiding and abetting another to commit arson in violation of 18 U.S.C. ร§ 844(i). Tran was sentenced by the district court to 72 months of imprisonment. She now appeals her conviction and her sentence. On appeal, Tran asserts that: (1) the district court erred in denying Trans motion for judgment of acquittal on the grounds that the government did not prove the interstate commerce element of the offense; (2) the district court erred in denying her motion to sever counts; (3) the district court erred in denying her motions to suppress evidence seized during searches of her business and her mobile home; and (4) the sentence imposed by the district court violated the 6th Amendment. For the following reasons, we AFFIRM the district courts rulings below, except we VACATE the sentence of the district court and REMAND for re-sentencing consistent with the Supreme Courts decision in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738 (2005).