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United States v. Zhou

United States Court of Appeals for the Second Circuit
428 F.3d 361 (2005)


Facts

During a six-month period in 2001, a series of robberies and other incidents occurred in Manhattan’s Chinatown district. In the first incident, someone phoned Chen Tin Hua, a shareholder in a local illegal-gambling parlor, and demanded that he place $10,000 in a red envelope to be picked up by Xiao Qin Zhou later that day. Hua responded that he had no money and disconnected the call. Later that day, Hua was summoned out of the illegal-gambling parlor when a group of men demanded to speak with him. The group consisted of four individuals: Chen and Lin (defendants), Xiao, and Li Wei. While all four individuals pointed guns at Hua, they demanded that he pay $10,000. Again, Hua responded that he had no money. Xiao hit Hua on the head, and Wei struck Hua in the stomach with a gun. Xiao took a necklace from Hua’s neck before the group fled the scene. After several other incidents, Chen and Lin were convicted of one count of conspiracy to commit extortion, one count of extortion, three counts of conspiracy to commit robbery, and three counts of robbery. The extortion-related counts were associated with the first incident with Hua. Chen and Lin appealed, arguing that the evidence related to the extortion counts was insufficient as a matter of law to support the convictions.

Rule of Law

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Issue

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Holding and Reasoning (Miner, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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