United States v. Vue

13 F.3d 1206
CourtCourt of Appeals for the Eighth Circuit
DecidedJanuary 7, 1994
DocketNos. 93-1709 to 93-1711 and 93-1722
StatusPublished
Cited by58 cases

This text of 13 F.3d 1206 (United States v. Vue) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Vue, 13 F.3d 1206 (8th Cir. 1994).

Opinion

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Brothers Neng Vue and Lee Vue, who are of Hmong ethnic descent, immigrated from Laos in 1979 with other members of their family. Both were convicted in late 1992 of three drug charges and one firearms charge. The trial court sentenced Neng Vue to 63 months of imprisonment on each of the drug charges and to 60 months on the firearms charge. The trial court sentenced Lee Vue to 41 months on each of the drug charges and to 60 months on the firearms charge.

The Vues appeal both their convictions and their sentences. The government cross-ap[1208]*1208peals the imposition of concurrent, rather than consecutive, sentences on the charges. We reverse the defendants’ convictions, vacate their sentences, and remand the cases for further proceedings. We address, however, several of the issues raised by the Vues that are likely to arise on retrial as well as the issue presented by the government’s cross-appeal.

I.

The Vues, who live in the Twin Cities area of Minnesota, were arrested in fall, 1992, as they left a rented apartment in Sioux Falls, South Dakota, approximately 235 miles from their home. A package had been delivered to that apartment that contained baskets into which raw opium had been interwoven. The delivery was monitored by law enforcement officials. The package, addressed to “Tom Brown” and sent from Thailand, had been taken by Lee Vue inside the apartment building but. was still unopened in the hallway outside the rented apartment when the Vues were arrested. The Vues contended that they had rented the apartment for the use of their brother Fong and two of his friends, Ai Vang and Bee Vang, two individuals who were also immigrants from Laos, according to the Vues. The Vues, disclaiming any knowledge that the package contained opium, asserted that it was the Vangs who had arranged for the package to be sent to the apartment.

The Vues challenge the trial court’s denial of their motion to compel the government to obtain and disclose any information possessed by the Immigration and Naturalization Service (INS) relating to the existence of Ai Vang and Bee Vang. In a related vein, Neng Vue challenges the trial court’s denial of a motion for continuance so that defense counsel could continue to search for the Vangs.

The Vues argue first that INS records relating to the Vangs would have proved the existence of the Vangs, might have helped defense counsel to learn of their whereabouts, and were therefore discoverable as material to the preparation of the Vues’ defense. See Fed.R.Crim.P. 16(a)(1)(C). The Vues contend in addition that such records were exculpatory both because the records were material to the Vues’ guilt or innocence by proving the existence of the Vangs and because the records could have been used to impeach certain government witnesses who were expected to testify that no such persons as the Vangs existed. The Vues also argue, therefore, that the government was required by the constitutional guarantee of due process to disclose those records to the defense. See, e.g., United States v. Bagley, 473 U.S. 667, 676, 105 S.Ct. 3375, 3380, 87 L.Ed.2d 481 (1985), and Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. 1194, 1196, 10 L.Ed.2d 215 (1963).

Under both the federal rules and the case law, the Vues must show that the information sought was “material” to their defense. See, e.g., 2 C. Wright, Federal Practice and Procedure: Criminal 2d § 254 at 79 (1982); see also United States v. Cadet, 727 F.2d 1453, 1467-68 (9th Cir.1984). The courts have defined “material” in the context of the federal rules as helpful to the defense. See, e.g., United States v. Krauth, 769 F.2d 473, 476 (8th Cir.1985); see also United States v. Thompson, 944 F.2d 1331, 1341 (7th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 1177, 117 L.Ed.2d 422 (1992), and United States v. Mandel, 914 F.2d 1215, 1219 (9th Cir.1990). In circumstances where the defense has made a specific request for certain materials, as in this case, the courts have defined “material” in the context of Brady, 373 U.S. at 83, 83 S.Ct. at 1194, as establishing a reasonable probability that suppression of the evidence in question would undermine confidence in the outcome of the trial or, in other words, as establishing a reasonable probability that without suppression of the evidence, the result of the proceeding would have been different. See, e.g., United States v. Bagley, 473 U.S. at 678 (opinion of the Court), 682, 684 (opinion of Blackmun, J.), 685, 105 S.Ct. at 3381, 3383, 3384, 3384 (White, J., concurring) (1985), and United States v. Montoya, 952 F.2d 226, 227 (8th Cir.1991); see also United States v. Bagley, 473 U.S. at 704, 707, 105 S.Ct. at 3395, 3396 (Marshall, J., dissenting); Barrett v. United States, 965 F.2d 1184, 1189 (1st Cir.1992); and United States v. Curtis, 931 F.2d 1011, [1209]*12091014 (4th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 230, 116 L.Ed.2d 186 (1991).

The trial court never explicitly stated before trial that it did not view INS documents relating to the Vangs as material under either the federal rules or Brady, 373 U.S. at 83, 83 S.Ct. at 1194. The trial court did remark, however, in the final pretrial motion hearing that “whether the defendants rented the apartment, or whether a third party rented the apartment ... does not require us to wait until the government finds Ai and Bee Vang.” We consider those remarks to have functioned as the equivalent of an explicit finding by the trial court that the documents requested were not material.

We have read the transcripts of the three pretrial motion hearings and the trial. We see no abuse of discretion in the trial court’s ruling, nor do we see any reasonable probability that if INS documents on the Vangs had been located and introduced, either of the Vues would have been acquitted. We therefore reject the Vues’ challenge to the trial court’s denial of their motion to compel. See, e.g., 2 C. Wright, Federal Practice and Procedure: Criminal 2d § 254 at 76-77, § 261 at 126-27 (1982). For the same reasons, we reject Neng Vue’s challenge to the trial court’s denial of his motion for continuance. See, e.g., 3A C. Wright, Federal Practice and Procedure: Criminal 2d § 832 at 246-47, 249, 252 (1982).

II.

Lee Vue challenges the trial court’s denial of his motion to suppress a statement that he made to law enforcement officials after his arrest. He argues that his command of English was insufficient for him to understand the explanation given to him of his right to remain silent and his right to a lawyer, that his waiver of those rights was therefore not knowingly and intelligently made, and, accordingly, that his statement was not voluntarily given. See, e.g., Patterson v. Illinois,

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13 F.3d 1206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-vue-ca8-1994.