United States v. Zheng Qu
Opinion of the Court
MEMORANDUM
Zheng Qu and Pengquan Xie were found guilty of conspiring to transport individuals for the purpose of prostitution and for transporting individuals for that purpose. See 18 U.S.C. §§ 371, 2422. Both appeal their convictions. Qu also appeals his sentence on the basis that it was unreasonable. We affirm.
(1) Qu and Xie both assert that there was plain error
(3) Xie argues that his conviction should be reversed because he was denied the right to exercise the peremptory challenges to which he was entitled. Had he been denied that right, reversal would be called for. See United States v. Annigoni, 96 F.3d 1132, 1141 (9th Cir. 1996) (en banc). He was not. The district court merely urged counsel to act expeditiously, and Xie’s counsel never suggested that he was precluded or dissuaded from exercising challenges as a result. The district court did not abuse its undoubted discretion in this area. See id. at 1139. There was no error.
(4) Finally, Qu declares that his sentence was unreasonable. See 18 U.S.C. § 3553(a); see also Gall v. United States, — U.S. —, 128 S.Ct. 586, 597, 169 L.Ed.2d 445 (2007). On this record, we cannot say that the district court abused its discretion when it set Qu’s sentence at eighteen months — a term some forty percent below the lowest point in his guideline range. See United States v. Garro, 517 F.3d 1163, 1171-72 (9th Cir. 2008). And while the district court did not give a lengthy disquisition on the reasons for its sentence, it said enough in light of the relative simplicity of the sentencing issues. See United States v. Carty, 520 F.3d 984 (9th Cir. 2008) (en banc). The court’s statement was sufficient to allow for “meaningful appellate review.” Id. at 992.
AFFIRMED.
xiiiS disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
. No objection was made at trial. Therefore, plain error review applies. See United States v. Brooks, 508 F.3d 1205, 1209 (9th Cir. 2007).
. They did not make motions for acquittal. See Fed.R.Crim.P. 29. Thus, plain error review applies. See United States v. Alvarez-Valenzuela, 231 F.3d 1198, 1200-01 (9th Cir. 2000).
Reference
- Full Case Name
- United States v. ZHENG QU, Defendant-Appellant United States of America v. Pengquan Xie, also known as Lee
- Status
- Published