United States of America, Plaintiff-appellee, v. Tan Ngo, Defendant-appellant, 141 F.3d 1182 (9th Cir. 1998)

Appeal from the United States District Court for the District of Nevada Lloyd D. George, Chief District Judge, Presiding.

Before HUG, Chief Judge, FERNANDEZ and THOMAS Circuit Judges.

MEMORANDUM^* 

Tan Van Ngo appeals his jury conviction of four counts of possessing and uttering counterfeited securities (counts 1 through 4), and one count of interstate transportation of counterfeited securities (count 5). See 18 U.S.C. §§ 513(a), 2314, 2. We affirm.

Ngo argues that he should not have been convicted on counts 1 through 4 on the theory of aiding and abetting because the underlying crimes he aided were committed by government agents. In United States v. Aguilar, 883 F.2d 662, 687-88 (9th Cir. 1989), we upheld the convictions of two defendants for aiding and abetting the transportation of illegal aliens where the actual transportation of aliens was effected by government agents. We explained that "the mere fact that government agents did the actual transportation ... is of no consequence." Id. at 688; see also United States v. Norton, 700 F.2d 1072, 1077 (6th Cir. 1983); United States v. Ordner, 554 F.2d 24, 29 (2d Cir. 1977). Aguilar makes it clear that Ngo was properly convicted of aiding and abetting, even if government agents performed the acts in question. Moreover, Ngo was not convicted of aiding and abetting government agents alone. The evidence from trial clearly shows that at least three individuals, who were not government agents, participated in the offenses. Those individuals were all acting to further the crimes, all were indicted, and all pled guilty to charges similar to those lodged against Ngo.

Ngo next argues that his conviction on count 5 for interstate transportation of counterfeit securities should be overturned for insufficient evidence of interstate transportation. This claim is similarly lacking in merit. The record contains substantial evidence that Ngo brought counterfeit payroll checks and American Express travelers checks from California to Las Vegas. We view that evidence in the light most favorable to the prosecution. See United States v. Carpenter, 95 F.3d 773, 775 (9th Cir. 1996), cert. denied, ___U.S.___, --- U.S. ----, 117 S. Ct. 1094, 137 L. Ed. 2d 227 (1997).

AFFIRMED.