Federal court denies drug defendant’s renewed motion to vacate sentence

CHIEF Judge Ramona V. Manglona of the District Court for the NMI has denied Huaishu Wang’s renewed motion to “vacate, set aside, or correct” his sentence for involvement in the importation of more than two pounds of methamphetamine through the U.S. Postal Service.

Judge Manglona also found Wang’s motion untimely.

Wang is currently serving a 188-month prison sentence at the Federal Correctional Institution in Thomson, Illinois.

He pled guilty to the charge of conspiracy to possess with intent to distribute a federally controlled substance, and conspiracy to maintain drug-involved premises.

On March 8, 2023, the federal court sentenced Wang to 15 years and eight months or 188 months’ imprisonment followed by three years of supervised release. He was given credit for time served. 

Wang’s co-defendants, Hongjie Li, and Yongbing Ni, were also sentenced to serve time in prison. Li will serve 57 months or four years and nine months’ imprisonment with credit for time served, followed by three years of supervised release. Ni was sentenced to 10 months’ imprisonment followed by three years of supervised release.

On March 14, 2024, Wang filed a notice of appeal with the U.S. Court of Appeals for the Ninth Circuit.

While the appeal was pending, Wang challenged the sentence imposed on him through a 28 U.S.C. § 2255 motion on April 29, 2024.

The Ninth Circuit subsequently reviewed Wang’s response to an order to show cause, and having considered the response, dismissed his appeal as untimely.

Wang then filed a renewed motion under 28 U.S.C. § 2255 on Aug. 7, 2024, asserting ineffective assistance of counsel and a due process violation.

However, Judge Manglona said Wang’s motion was untimely and did not make a substantial showing of the denial of constitutional right. The judge declined to issue a certificate of appealability.

“The Clerk is directed to enter judgment against Wang, close the case, and notify Wang of this decision and final order,” Judge Manglona said in a five-page order issued on March 31, 2025.

In May 2022, the U.S Drug Enforcement Agency executed a search warrant and seized drugs, money, and drug paraphernalia from the defendants at a drug den in Papago.

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