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Woman in fake marriages appeals to 9th Circuit her conviction, sentence
Qiong Lu Pua, a woman who was slapped with a 12-month and one day imprisonment for orchestrating two sham marriages so that her brother and friend could obtain green cards, is appealing her conviction and sentence to the U.S. Court of Appeals for the Ninth Circuit.
Pua, through counsel Mark B. Hanson, notified the U.S. District Court for the NMI last week about her appeal to the Ninth Circuit.
Pua is appealing the Ninth Circuit to reverse the District Court’s denial of her motion for a judgment to acquit her of all charges.
She is asking the Ninth Circuit to also reverse the District Court’s findings and application of the U.S. sentencing guidelines and the 12-month and one day prison sentence imposed on her.
Pua likewise has filed a motion requesting the District Court to allow her release pending the outcome of her appeal to the Ninth Circuit.
Pua is currently out of custody on conditions pending notification by the U.S. Marshal Service that the Bureau of Prisons has designated a facility and that she is to report to begin serving her term of incarceration.
Hanson argued that in light of the nature and substance of the issues raised on appeal, the court should grant Pua’s continued release pending a decision by the Ninth Circuit on the appeal.
Hanson said Pua’s minor son resides with her in Guam and the U.S. Probation Office has possession of the son’s passport so therefore, she does not pose a risk of flight.
Hanson said Pua is not a danger to the community as she was not convicted of a crime of violence.
The lawyer added that neither defendant’s appeal nor this motion for release are for purposes of delay.
Hanson said the testimonial and documentary evidence in this case does not suggest beyond a reasonable doubt that Pua became a member of a conspiracy to defraud the U.S.
Last July 31, a federal jury found Pua guilty of the charge of conspiracy to defraud the U.S. She was sentenced last Jan. 29.
