Manglona grants continued release of woman in fake marriages

U.S. District Court for the NMI Chief Judge Ramona V. Manglona yesterday granted the continued release pending appeal as requested by Quiong 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.

Manglona ruled after hearing the parties’ arguments that by clear and convincing evidence Pua is not a flight risk.

Manglona also found that Pua’s appeal to the U.S. Court of Appeals for the Ninth Circuit was not filed for the purpose of delay.

The judge determined that defendant’s contentions with respect to her sentencing range pursuant to the U.S. sentencing guidelines raised a substantial question of law that had not yet been addressed by the Ninth Circuit.

Manglona also found that if Pua prevails on her appeal, a reduced sentence to a term of imprisonment less than the total of time already served plus the expected duration of the appeal would be likely.

Last July 31, a federal jury found Pua guilty of the charge of conspiracy to defraud the U.S. She was sentenced last January 29.

Pua, through counsel Mark B. Hanson, appealed to the Ninth Circuit to reverse the District Court’s denial of her motion for a judgment to acquit her of all charges.

She is also asking the Ninth Circuit to 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.

In Pua’s motion for continued release, Hanson argued that in light of the nature and substance of the issues raised on appeal, the court should grant defendant’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.

In the U.S. government’s opposition, assistant U.S. attorney Russell H. Lorfing disclosed, among other things, that Pua has $70,000 in unexplained income deposited in her account in 2014 and 2015.

Lorfing said with her money, the defendant has the financial means to flee. He said the defendant’s ties to a foreign country, extensive contacts in China, and the significant sums of unexplained income suggest the real possibility that she is a flight risk.

Pua’s court-appointed counsel Hanson and co-counsel, Benjamin Petersburg, appeared at yesterday’s hearing. Pua was not in court as Judge Manglona granted her request to waive her appearance.

According to the minutes of the hearing, U.S. Probation Officer Stephen Guilliot informed the court that Pua has been compliant and is currently on home detention with location monitoring.

Guilliot also disclosed that their office has custody of Pua’s and her son’s passports.

Petersburg argued for Pua’s motion for release pending appeal. Lorfing argued the U.S. government’s opposition.