Visiting federal Judge Mark W. Bennett assured Wei Lin that he will talk to the U.S. Probation Office to expedite the submission of the presentence investigation report.
Bennett granted the prosecution’s oral motion to continue Wei Lin’s detention.
Michael Norita Evangelista and Joseph James Norita Camacho, the defendant’s counsels, informed the court that their client has been in detention since April, or almost five months, and that his may have already exceeded the expected prison sentence.
Assistant U.S. Attorney Kirk Schuler, the prosecutor, agreed, adding that the sentencing range is between zero to six months.
A presentence investigation report is submitted to the court usually after 90 days.
In a statement, Schuler said: “We are very pleased with the investigation, prosecution, and the jury’s verdict in this case, which should make it clear to the community that federal and local law enforcement partners are taking the unlawful issuance of CNMI driver’s licenses very seriously. It is a problem that has plagued the CNMI for too long.”
“I would like to thank the CNMI [Department of Public Safety] officers that assisted in the investigation, as well as the jury for their service, and visiting Judge Mark Bennett for presiding over the trial,” Schuler added.
Camacho told Variety they “appreciate and respect the jury’s decision, and thanked Judge Bennett and the prosecution for their professionalism.”
Camacho also thanked his co-counsel for being very zealous and “a good advocate for our client.”
Camacho said he has to meet with Wei Lin to discuss the defendant’s “options, his sentencing, and other matters.”
The defense earlier argued that the prosecution failed to establish guilt beyond reasonable doubt of every element of the crime leveled against Wei Lin.
The prosecution said during a traffic stop on Sept. 7, 2010, Wei Lin’s CNMI driver’s license was seized after he admitted paying $350 for it and that he did not take any tests.
On Sept. 17, Wei Lin applied, and was issued a duplicate driver’s license after he informed the Bureau of Motor Vehicle that his license got lost on the beach.
On April 1, 2011, ICE special agent Harahap met Wei Lin in the parking lot of a poker place, and asked if he had an identification card or an immigration document.
The defendant said “no” and after an interpreter was provided by federal agents through speaker phone, Wei Lin again told “no.”
When asked what was bulging in his pocket, Wei Lin showed Harahap pieces of paper that showed copies of the defendant’s duplicate driver’s license.
