United States v. Wen Hsue Chang
United States v. Wen Hsue Chang
Opinion of the Court
MEMORANDUM
Wen Chang and Jian Tan appeal the district court’s denial of their motions for judgments of acquittal, brought under Federal Rule of Criminal Procedure 29.
Acting on a tip, Immigration and Customs Enforcement (ICE) agents discovered Chang, Tan, and seventeen other Chinese nationals hiding inside of a forty-foot-long, wooden cargo container that had been shipped by boat from Hong Kong to the Port of Los Angeles.
Viewing this evidence in the light most favorable to the government, a rational trier of fact could conclude beyond a reasonable doubt that Chang and Tan functioned in the enforcer role described by the government’s expert, that they agreed to accomplish illegal objectives, namely smuggling illegal aliens into the United States and concealing them there, and that they acted to further these illegal objectives with the criminal intent necessary to commit the underlying offenses. See Jackson, 443 U.S. at 319, 99 S.Ct. 2781; United States v. Pemberton, 853 F.2d 730, 733 (9th Cir. 1988) (per curiam).
The evidence presented at trial was also sufficient to warrant the jury’s conclusion that Chang and Tan helped illegal immigrants enter the United States, knowing or recklessly disregarding that the immigrants were not authorized to do so, and that each defendant acted “for the purpose of commercial advantage or private financial gain.” See 8 U.S.C. § 1324(a)(2)(B)(ii). A rational trier of fact could have concluded beyond a reasonable doubt that Chang and Tan agreed to act as enforcers during the voyage to the United States in exchange for a direct private financial gain, namely a discount from the standard $40,000 smuggling fee. See Jackson, 443 U.S. at 319, 99 S.Ct. 2781; United States v. Yoshida, 303 F.3d 1145, 1152 (9th Cir. 2002); United States v. Angwin, 271 F.3d 786, 805 (9th Cir. 2001).
Finally, a rational trier of fact could have concluded beyond a reasonable doubt that Chang and Tan knew or recklessly disregarded that the other aliens in the container were not authorized to be in the United States, and that Chang and Tan concealed, harbored, or shielded them
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
. We review de novo a district court’s denial of a motion for a judgment of acquittal. See United States v. Carranza, 289 F.3d 634, 641 (9th Cir. 2002). We may not reverse the district court if, "viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).
. Because the parties are familiar with the facts and the procedural history underlying this appeal, we mention them only where necessary to explain our decision.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.