63-year-old appeals 46-month prison term

A 63-year-old man who was slapped with a 46-month prison term in federal court for selling methamphetamine or “ice” near the Northern Marianas College is appealing to the U.S. Court of Appeals for the Ninth Circuit.

Attorney Bruce Berline, court-appointed counsel for Le Xiang Chen, has filed a notice of appeal in the U.S. District Court for the NMI.

In Chen’s notice, Berline said they are appealing to the Ninth Circuit to reverse the sentence that Chief Judge Ramona V. Manglona imposed last Dec. 4.

Berline did not provide other information in the notice.

In her sentencing order, Manglona said after completing the 46-month prison sentence, Chen will be placed on six years of supervised release. The defendant was given credit for time served.

During the supervised release, the defendant will be turned over to immigration official for removal proceedings.

Chen will be required to perform 100 hours of community work service, pay a $100 court assessment fee, and forfeit to the U.S. government $750 representing the sum of money equal to the proceeds derived from the offense.

At the sentencing, assistant U.S. attorney Ross Naughton recommended a 37-month prison term. Berline recommended a 12-month imprisonment with credit for time served.

Chen was one of seven persons arrested last February by joint local and federal law enforcements for alleged distribution of “ice.”

Last May, Chen pleaded guilty to distribution of “ice” near a school.

According to the plea agreement, on Nov. 8, 2012, Chen sold 2.8 grams of “ice” to a confidential source for the Drug Enforcement Administration in exchange for $750.

The sale took place in Chen’s residence in Finasisu, which is within 1,000 feet of NMC.

In defendant’s sentencing recommendation, Berline said Chen has consented to removal from the United States.

“Given the charge that Mr. Chen pled to along with his advanced age, Mr. Chen will never be able to return to the United States after he is deported,” Berline said.

Berline added that Chen participated in the Tiananmen Square protests, his return to China may lead to severe consequences.

Chen has been in the CNMI since 1998.

Berline said it’s Chen’s first criminal conviction.

Chen arrived on Saipan in the heyday of the garment industry. He came to Saipan in 1998 to work at the United International Corp., where he worked for four years.

Berline said by chance, Chen rented a small room that was located within a 1,000 yards of NMC.

However, Berline said, despite living and selling “ice” near NMC there is no other connection between Chen and NMC.

Berline said there was no evidence that Chen was selling “ice” to or soliciting the students of the college.

Last May, a mysterious fire burned several apartment units that Chen rented near NMC gymnasium. At the time, Chen was already in prison.