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Phan’s request for continuing release is approved
U.S. District Court for the NMI designate Judge John C. Coughenour granted yesterday David Truong Quoc Phan’s request to remain out of jail until the U.S. Court of Appeals for the Ninth Circuit rules on his appeal.
In a three-page order, Coughenour said he agrees with the U.S. government’s determination that Phan is neither a flight risk nor a danger to the community.
Phan is among three men convicted by a federal jury for their participation in a scheme to bring Bangladeshi men to Saipan on promises of jobs and green cards in exchange for cash.
The jury convicted Phan of two counts of mail fraud, three counts of fraud in foreign labor contracting, and one count of fraud and misuse of visas and permits.
Phan was slapped with an eight-month prison sentence. He appealed to the Ninth Circuit. He also asked the District Court to allow his continued release pending the outcome of his appeal.
The U.S. government, through assistant U.S. attorney James J. Benedetto, opposed Phan’s motion. Benedetto asserted that Phan has not shown that his appeal would likely result in a reversal, an order for a new trial, and a sentence that does not include imprisonment.
Phan’s appeal to the Ninth Circuit challenges the sufficiency of the evidence to support his conviction for fraud in foreign labor contracting.
Coughenour said the fact that Phan does not challenge his conviction on all counts does not preclude release pending appeal.
Coughenour said if the Ninth Circuit finds the evidence insufficient to support Phan’s conviction, his already short term of imprisonment would likely be reduced to a sentence less than the expected duration of appeal.
