JIANG Guang Zhang, also known as “Fat Brother,” has filed a petition in federal court for a writ of habeas corpus, seeking to correct a prior sentence calculation by the local court and receive credit for time already served.
Attorney Joey McDoulett, who represents Zhang, requested that the District Court for the NMI release his client from incarceration “in recognition of the complete satisfaction of his federal sentence.”
“Petitioner will be released into the custody of the Department of Homeland Security in accordance with the continuing immigration detainer,” the attorney added.
The petition named Department of Corrections Commissioner Anthony C. Torres as respondent.
Background
In 2022, Zhang agreed to a plea agreement in CNMI Case 22-0092, involving drug trafficking charges, to a sentence of “five years, of which three years shall be suspended, and two years shall be served day for day without the possibility of parole, early release, weekend release, or other similar programs. Defendant shall receive credit for time served of 28 days.”
On Dec. 16, 2022, the CNMI Superior Court issued its judgment of conviction and commitment order that stated in pertinent part, “Defendant shall be sentenced to a term of imprisonment of five years, all suspended, except three years shall be served day for day without the possibility of parole, early release, weekend release, or other similar programs.”
Zhang has been incarcerated at the CNMI Department of Corrections since Nov. 18, 2022.
The Public Defender’s Office, which represented Zhang in this local case, detected the error in the court order because the petitioner had determined he should be close to release and had inquired about the pending release date with Corrections.
On May 9. 2025, the CNMI Attorney General’s Office and the defendant requested that the CNMI Superior Court amend its order to correctly reflect the sentence to be imposed.
On May 15, 2025, the order was amended by the CNMI Superior Court to accurately reflect the sentence as two years to be served with credit for 28 days’ time served.
With the correction of the order, Zhang’s sentence in CNMI Criminal Case Number 22-0092 ended on Nov. 18, 2024.
Zhang was then transferred to federal custody on May 16, 2025.
In his federal case, 23-CR-00004, Zhang was charged with bribing a public official and conspiracy to bribe a public official, along with a co-defendant, Shou Qiu.
He was sentenced to six months (or 180 days) imprisonment, three years of supervised release, 50 hours of community service, and a $200 assessment fee.
McDoulett said his client was detained from Nov. 18, 2024 to May 16, 2025.
“Yet this period was not credited toward his federal sentence and was not counted towards the completion of his sentence under CNMI Criminal Case Number 22-0092,” McDoulett said, adding that “Zhang’s federal sentence would have been fully satisfied on May 17, 2025, if he had been granted credit for the time served from Nov. 18, 2024 to May 16, 2025.”
Zhang’s petition requested the federal court to address errors and prevent further unlawful detention, ensuring compliance with statutory and constitutional requirements.
“Petitioner’s federal sentence has been satisfied, and he requests immediate release to the custody of the Department of Homeland Security so that he may proceed with his return to China,” McDoulett said.
