Cheng acted as a translator between his former boyfriend, the ringleader, the boat captain, and the other defendants, a U.S. government witness testified during the bench trial for one of the defendants who was eventually convicted by the federal court.
Since her arrest, together with her 23 co-defendants, Cheng was incarcerated at the Department of Corrections facility until her release on Feb. 10, 2010 after she posted a $1,000 cash bail and a $9,000 unsecured bond.
Cheng’s court-appointed attorney Joseph Horey concurred with the recommendation of Assistant U.S. Attorney Kirk Schuler, who prosecuted the case.
When asked by the court why it should impose a sentence for time already served and not six months, Schuler said Cheng “cooperated with the [U.S.] government” on two separate occasions.
He added that Cheng “never failed” in cooperating with the U.S. government.
Cheng is also “expected to continue to cooperate” pursuant to the plea agreement, Schuler said.
Prior to concluding the change of plea and sentencing hearing, the court and both parties had a discussion on the language regarding Cheng’s sentence.
Horey objected to the language indicating that Cheng will “surrender” to an authorized U.S. immigration official for deportation proceedings.
The defense said Cheng currently has lawful immigration status. The prosecution concurred.
The court was told that Cheng’s work permit would expire tomorrow. But she has an umbrella permit.
The court was also informed that Cheng’s employer, Healing Stone Yu Yu Spa in Garapan, is renewing her employment.
A discussion ensued between Gatewood and both counsels about the CNMI’s “unique” immigration situation and the federalization of the local immigration system.
Earlier, Cheng’s 21 co-defendants signed plea agreements, admitting to have attempted to enter illegally the United States.
It was then ordered by the federal court that each of these defendants would be brought to an authorized U.S. immigration official for deportation or removal proceedings.
Before her sentencing, Cheng asked for the court’s apology for committing a crime.
Through a translator, Cheng told the court that she “learned her lesson” and will now be a “good citizen.”
Cheng said she only acted as translator and didn’t know Jingkai Yu, one of the defendants.
Horey told the court that Cheng was not the originator and did not profit from the plan.
A fine of $5,000 was not included since Cheng was found to have no assets and earns only $600 a month, the prosecution said.
Gatewood told Cheng not to commit another federal, state, or local crime.
She will also comply with the standard conditions of supervised release as adopted by the court.
Cheng was directed not to unlawfully possess or use controlled substance.
The mandatory drug testing requirement was suspended based on the court’s determination that Cheng poses a low risk of future substance abuse.
Cheng will meet with the Federal Probation Office for regularly scheduled supervised release.
Prior to the expiration of her supervised release, Cheng will meet with the Federal Probation Office that will coordinate with duly authorized U.S. immigration official regarding her immigration status, the court ordered.
Cheng’s $1,000 cash bail was exonerated.
While detained at the Department of Corrections facility in January, Cheng was “transferred” by four department officials to the governor’s residence so she could massage him.
