Yesterday, U.S. District Court for the NMI Designated Judge David Wiseman imposed a one-year probation on the seven defendants, all men, commencing immediately.
They were remanded to the custody of the U.S. Marshals Service for processing and will be turned over to authorized federal immigration officials for removal or deportation proceedings.
After Wiseman ended the sentencing hearing at 5 p.m., U.S. Marshals were still processing the defendants — Wenjun Huo, Jianbo Ying, Shiying Wei, Jingkai Yu, Yibin Zheng, Zhaohai Zehng and Bo Zhou — who were taken out of the courtroom immediately after the sentencing.
Wiseman said: “Before we recess, the court would just like to make a statement with respect to the media using the term ‘human smuggling.’ Human smuggling is usually — it’s a term for people-smuggling. People-smuggling is a term used for taking someone across international borders.”
He added, “We are no longer quasi-international jurisdiction. We are United States jurisdiction. So human smuggling that’s been all over the newspaper and in the media is really an improper term for what’s happening in these cases. I just point that out for a point of interest.”
Eleven of the 24 arrested Chinese nationals have now pleaded guilty.
The seven defendants yesterday were assisted by a Mandarin interpreter and their court-appointed lawyers: Timothy Bellas, Bruce Mailman, Loren Sutton, Stephen Woodruff, Glenn Jewell, William Fitzgerald and Matthew Gregory.
Assistant U.S. Attorneys Kirk Schuler and Beverly McCallum prosecuted the case.
Schuler appeared on behalf of Assistant U.S. Attorney Eric O’Malley.
In a related news, the lawyers of Qingmei Cheng, Gov. Benigno R. Fitial’s masseuse, and Jian Li have asked for more time to file pre-trial motions that were earlier set for Jan. 20 and extended until Jan. 27.
Attorneys Joseph E. Horey and Joe Hill, who were representing Cheng and Li, said they “have requested for and received partial discovery in this matter. The discovery received thus far is voluminous and requires adequate time to review and prepare pre-trial motions in this case. Additional discovery is forthcoming.”
They said they will submit their pre-trial motions on Feb. 5, 2010, which the U.S. government did not oppose.
Chief Judge Alex Munson set the federal jury trial for Feb. 22.
Munson also approved an evidentiary hearing for Feb. 17 in connection with Cheng’s “transfer” to Fitial’s residence so she could massage him.
Cheng and Li were the ringleaders of the Chinese nationals who attempted to illegally enter Guam on a boat, federal prosecutors said.
They have been held without bail due to their “significant risk of flight.”
