The U.S. Court of Appeals for the Ninth Circuit has denied businessman David Trung Quoc Phan\u2019s motion to halt the issuance of the mandate that affirmed his conviction.<\/p>\n
A mandate refers to the official notice of the appellate court given to the lower court, in this case the District Court, advising it of the action of the appellate court. <\/p>\n
The appellate court retains control over an appeal until it issues a mandate and the decision is not final until a mandate is issued.<\/p>\n
Ninth Circuit Chief Judge Sidney R. Thomas and judges Consuelo M. Callahan and Morgan Christen, however, granted Phan\u2019s motion for permission to file a late petition for the Ninth Circuit\u2019s panel rehearing. <\/p>\n
Panel rehearing is heard before the court\u2019s selected judges.<\/p>\n
Last June, the Ninth Circuit affirmed the conviction of Phan over his role in a scheme to bring Bangladeshi men to Saipan on promises of jobs and green cards in exchange for cash.<\/p>\n
Thomas, Callahan, and Christen ruled that the evidence presented a trial supported a permissible inference of fraudulent intent.<\/p>\n
The judges also ruled that the misstatements and inconsistencies in some of the witnesses\u2019 testimony provided a reason for the jury to find the witnesses not credible, but they did not compel the jury to reject the witnesses\u2019 testimony. <\/p>\n
In October 2017, a federal jury convicted Phan of two counts of mail fraud, three counts of fraud in foreign labor contracting, and one count of fraud and misuse of visas and permits.<\/p>\n
In March 2018, U.S. District Court for the NMI designate judge John C. Coughenour slapped Phan with an eight-month prison sentence. Phan appealed his conviction and sentence to the Ninth Circuit. <\/p>\n
In his appeal, Phan asked the Ninth Circuit to reverse his conviction, arguing through his lawyer that the evidence was insufficient to show fraudulent intent.<\/p>\n","protected":false},"excerpt":{"rendered":"
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