XING Rui Gao, the third suspect in the case involving the attempted smuggling of 4.04 lbs. of methamphetamine by mail on June 21, 2022, is appealing her conviction and the judgment imposed on her by the federal court.
On February 28, 2024, Designated Judge David O. Carter of the District Court for the NMI sentenced Gao to 51 months or four years and two months in prison for conspiracy to possess methamphetamine with the intent to distribute. After serving her sentence, Gao will be placed under three years of supervised release.
“As a further condition of supervised release, if deported, you must remain outside the United States and not re-enter without the permission of the Attorney General. If deportation does not occur and you are released pending further immigration proceedings, you must immediately report to the U.S. Probation Office to begin your term of supervised release,” the judge said.
Gao was also ordered to submit to substance abuse testing (no more than eight drug tests per month), perform 100 hours of community service in lieu of a fine, and pay a special assessment fee of $100 immediately after sentencing.
On March 12, 2024, attorney Richard Miller, who represented Gao in the proceedings, filed a motion to withdraw as her counsel and requested the court to appoint a substitute counsel.
Miller said his client has filed a notice of appeal of the judgment of conviction and sentence that the court issued.
“Under the terms of her plea agreement, defendant waived her right to appeal her conviction and sentence at or below 78 months’ imprisonment except based on ineffective assistance of counsel,” Miller said.
“Defendant is entitled to unconflicted counsel to explore any possible ineffective assistance claim,” Miller added.
Gao was arrested on Aug. 31, 2023.
According to the complaint against her, between June 21 and 22, 2022, she conspired and agreed with Chun Yang and Yurong Wang, along with others, to possess methamphetamine, a Schedule II controlled substance, with intent to distribute in violation of Title 21, United States Code, Sections 846 and 841(a)(1).
In December 2023, Yang, 46, was sentenced to 70 months incarceration, five years of supervised release following release, 100 hours of community service in lieu of a fine, and a $100 special assessment fee.
Wang, 50, was also sentenced to 46 months incarceration, five years of supervised release following release, 100 hours of community service in lieu of a fine, and a $100 special assessment fee.
Both defendants were ordered to report to U.S. immigration officials for deportation proceedings upon release from prison.
According to the complaint against the defendants, on June 21, 2022, CNMI Customs officers searched a parcel at the U.S. Post Office in Chalan Kanoa and discovered suspected methamphetamine.
“Package No. 1 contained approximately 602.6 gross grams. Package No. 2 contained approximately 656.6 gross grams, and Package No. 3 contained approximately 576.3 gross grams. All three packages weighed approximately 1,835.5 gross grams or 4.04 lbs. of suspected methamphetamine,” the U.S. Drug Enforcement Agency said.
After conducting surveillance of the intended recipient of the parcel addressed to a private mailbox company, Yang and Wang were arrested. Gao was charged separately.
