In their joint motion, attorneys Vicente Salas, Mark Scoggins, and F. Matthew Smith asked the court to dismiss the charges against Dong Wang, Dongxiang Wang, and Qingxu Wang.
There was no violation done, the lawyers said.
“Further, that, even, if there had been a violation [the federal] court would not be proper venue,” the lawyers jointly stated in their motion.
For his part, attorney G. Anthony Long said the information against his client, Jun Li Yong, should be dismissed since “a criminal charge is subject to dismissal when it charges a legal impossibility.”
“A necessary prerequisite therefore, for attempted illegally entry is that the defendant attempts to enter the United States from a foreign port or place outside of the United States,” Long argued, adding that his client “was already in the United States when he was in the commonwealth.”
Alternatively, Long said his client’s right to prepare and present adequate defense and to prepare for effective cross-examination entitles Jun Li Yong to a bill of particulars, discovery, and the identity of each informant and undercover agent.
Today, the U.S. District Court for the NMI will hear the change of plea and sentencing for Zhiguo Li and Lei Xu who will be represented by court-appointed attorneys Steven Pixley and Richard W. Pierce.
On Friday, Designated Judge David Wiseman accepted the change of plea of Jun Yan Zhang and Xiao Yan Chen, and sentenced them to one-year probation. They will also undergo deportation proceedings.
They were represented by court-appointed lawyers Robert Torres and Ramon Quichocho.
Of the 22 Chinese nationals arrested for attempting to enter Guam illegally last Jan. 5, 13 have so far admitted their guilt and signed plea agreements.
They will “truthfully and completely cooperate” with the U.S. government in investigating the matter.
Gov. Benigno R. Fitial’s masseuse Qingmei Cheng and Jian Li are among the defendants, and they were described by the prosecution as the group’s ringleaders.
Assistant U.S. Attorneys Eric O’Malley, Kirk Schuler, and Beverly McCallum are prosecuting the case.
