THE federal court on Wednesday sentenced Xuguang Li to 51 months in prison for attempted possession of a controlled substance — methamphetamine — with the intent to distribute.
At the sentencing hearing, Chief Judge Ramona V. Manglona of the District Court for the NMI gave Li 164 days credit for time already served.
After serving his sentence, Li will be placed on three years of supervised release and must perform 50 hours of community service.
In addition, Li will pay a special assessment fee of $100 immediately after sentencing. He was remanded to the custody of the U.S. Marshals Service after the sentencing hearing.
The court noted that Immigration and Customs Enforcement has placed a fugitive detainer on Li.
He was represented by attorney Bruce Berline while Assistant U.S. Attorney Garth Backe appeared for the federal government.
The complaint
According to the criminal complaint against Li, on July 5, 2024, while conducting a routine inspection of consolidated cargo for United Parcel Service or UPS at Micronesian Air Cargo Services at the Francisco C. Ada/Saipan International Airport, CNMI Customs officers inspected a brown box addressed to “Li Xuguang” from “Ruki Zhen” of Monterey Park, California.
Inside the box were three Beauty Yoyo brand short pants and one Burgani brand portable speaker. When the box was subjected to x-ray examination at the airport, an anomaly was detected within the speaker.
Customs officers opened the speaker and observed that it was filled with aluminum foil. The box was then brought to the Customs Contraband Enforcement Team office for further inspection. Customs officers removed six aluminum foil wrappings, which, after being unwrapped, revealed six clear plastic packets containing a crystal-like substance. Field tests performed on the substances indicated the presence of methamphetamine.
The total weight of the foil, clear plastic packets, and the crystal-like substances was approximately 516.7 gross grams.
On July 5, 2024, law enforcement officers replaced the methamphetamine with a sham substance to conduct a controlled delivery operation at the UPS office in Gualo Rai.
On July 8, 2024, at approximately 11:09 a.m., Li was observed exiting a Toyota Corolla from the front passenger seat and entering the UPS office.
A Drug Enforcement Task Force officer, posing as a UPS employee, met with Li inside the office and asked him if he was expecting any packages. Li, in response, showed the DETF officer a picture of a UPS tracking number on his cell phone. The DETF officer retrieved the package and handed it to Li, and Li left with the package after signing the necessary documentation. Li then departed in the Toyota Corolla, which eventually traveled to a white house in Chalan Kanoa. Law enforcement officers observed Li exit the vehicle and walk to the left side of the house.
At about 11:29 a.m., law enforcement officers approached Li’s residence and knocked on the front door. Li opened the door, and officers asked him if they could come outside. With the help of a translator, the officers explained to Li why they were there and asked for his consent to search in his residences. Li agreed and signed a consent form. During the consent search, investigators located the package containing the sham substance on the floor, near the front door. Investigators also located a cookie container on top of the kitchen table that contained small Ziploc baggies, one small gray digital scale, and a cigarette pack, which contained one Ziploc bag with approximately 2.4 grams of a crystal-like substance inside. Investigators further located three medium-sized Ziploc baggies on the table containing residue of a crystal-like substance.
Officers field-tested the substance, which indicated the presence of methamphetamine.
During questioning, Li stated, among other things, that he had previously served five years at the CNMI Department of Corrections for illegal possession of methamphetamine. He said he knew the package he picked up at the UPS store contained methamphetamine, and that he expected to be paid $5,000 after delivering the methamphetamine to another individual.
According to CNMI Customs & Biosecurity, the total street value of the intercepted methamphetamine was $155,000.
Previous arrest
In 2013, Li was arrested after a police officer saw him take a black plastic bag from his left front pocket and throw it behind him.
Authorities said the black plastic bag had a plastic coffee-stick pack that contained rolled-up white tissue and a Ziplock bag that had a clear crystalline substance in it, which later tested positive for the presence of methamphetamine.
