Conviction of woman who arranged sham marriages affirmed

The U.S. Court of Appeals for the Ninth Circuit has affirmed the conviction and the 12-month and one-day sentence slapped on a woman who orchestrated two sham marriages so that her brother and friend could obtain green cards.

Ninth Circuit judges Raymond Fisher, Richard A. Paez, and Jacqueline Nguyen said that enough evidence supported the guilty verdict against Qiong Lu Pua.

Although accomplice testimony is inherently suspect, that does not mean a jury may not rely on it, the judges said, especially when corroborating evidence is offered to support the testimony.

Pua was convicted for conspiring to arrange the fraudulent marriages of Norma Nekaifes and Benigno Mettao, both U.S. citizens, to Zhenqing Lu and Baoqin Ding, both immigrants from China.

Lu is Pua’s brother. Ding is Pua’s friend. Mettao and Nekaifes testified against Pua.

In her appeal, Pua argued that she should have received a three-level reduction because the offense was not for profit.

Pua also argued that there was not enough evidence to support a conclusion that she played a leadership role in the conspiracy.

But the Circuit judges said even without Nekaifes and Mettao’s testimony, Pua’s participation in both weddings and the circumstances surrounding each was highly suspect.

A rational jury could therefore believe Nekaifes and Mettao, the judges said.

In ruling that U.S. District Court for the NMI Chief Judge Ramona V. Manglona did not abuse her discretion, the Circuit judges said sentencing courts are given discretion to “determine which of the referenced guideline sections is most appropriate for the offense conduct charged in the count of which the defendant was convicted.”

The judges said Manglona chose the appropriate guideline that fit Pua’s conduct.

The Circuit judges said that, after reviewing the evidence submitted during the sentencing hearing, Manglona concluded Pua “did, in fact, make a statement to law enforcement that she did receive money” for aiding in the conspiracy.

The judges said this finding was supported by the record.

Finally, the Circuit judges said, Manglona did not abuse her discretion by applying a four-level increase for Pua’s role as a leader of the conspiracy.

The judges said that Pua was the “common connection between all the conspirators in this case.”

The judges said that Pua’s undisputed participation in admittedly fraudulent marriages would be highly indicative of guilt.

On July 31, 2015, a federal jury found Pua guilty of the charge of conspiracy to defraud the U.S. She was sentenced on Jan. 29, 2016. She appealed her conviction and sentence.