United States v. Thongsouk Theng Lattanaphom

*1159MEMORANDUM AND ORDER RE: DEFENDANTS’ MOTION TO DISMISS COUNTS TWO, THREE, FIVE. SEVEN, AND NINE

WILLIAM B. SHUBB, UNITED STATES DISTRICT JUDGE

Defendant Thongsouk Theng “Kevin” Lattanaphom moves to dismiss counts two, three, seven, and nine of the Indictment in this action pursuant to a recent Supreme Court decision, Johnson v. United States, — U.S. -, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015). (Docket No. 1646.) Defendant Minh Huynh joined in this motion and additionally asks the court to dismiss count five — a count on which Huynh, but not Lattanaphom, was convicted. (Docket Nos. 1648, 1657.)

I.…