Then-Chief Judge Alex Munson vacated the evidentiary hearing sought by the U.S. Attorney’s Office on the matter.
But Munson also noted that “traditional investigation and use of the grand jury are more appropriate than a speculative, open-ended fact-finding hearing conducted under the aegis of the court.”
Cheng has been reporting to the Federal Probation Office in Garapan, since her release last Feb. 11.
She has been out on bail after a month-long incarceration at the Department of Corrections facility.
Cheng posted a $1,000 cash bail and $9,000 in unsecured bond.
She is scheduled to appear in court on Wednesday for the 1 p.m. change of plea hearing before designated Judge Frances Tydingco-Gatewood.
Cheng’s co-accused and former boyfriend Jian Li is also reporting to the Federal Probation Office after his release last month. He posted a $2,500 unsecured bond.
Cheng and Jian Li are facing 22 counts of attempting to bring aliens into the United States, a charge which they earlier denied.
Twenty-one other defendants have signed plea agreements with the U.S. government, while one was found guilty during a bench trial.
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