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United States v. Liang

362 F.3d 1200 (2004)

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United States v. Liang

United States Court of Appeals for the Ninth Circuit
362 F.3d 1200 (2004)

Facts

Jing Bing Liang (defendant) was involved in a scheme to cheat at casino card games. Liang’s role in the scheme was the cheater, because he was particularly good at peeking at cards, secretly marking cards, and accurately using these abilities during card games. Liang was involved in at least six cheating events across the United States. Liang and the other participants in the scheme were eventually indicted on conspiracy charges. Liang pleaded guilty. At his sentencing hearing, the government requested a two-level sentence enhancement under United States Sentencing Guidelines Manual § 3B1.3, arguing that Liang employed his special skills of cheating and good eyesight to commit the crime. The government provided no evidence that Liang developed this skill through substantial training or education or that in committing the offenses he abused a position of public trust. Liang objected, but the district court applied the two-level enhancement. Liang appealed.

Rule of Law

Issue

Holding and Reasoning (O’Scannlain, J.)

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