Man in passport switch gets 3-year probation

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Posted on Mar 27 2009
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The federal court yesterday imposed a three-year prison term on a man who let a deportee use his passport.

U.S. District Court for the NMI Chief Judge Alex R. Munson said that defendant Minghao Yin, a Chinese, will be referred to an Immigration official for deportation.

Munson said if immediate deportation does not occur and Yin is released, he shall immediately report to the U.S. Probation Office for supervision.

The judge required the defendant to complete 100 hours of community work service and pay a $100 special assessment fee.

At the hearing, assistant U.S. attorney Kirk Schuler recommended a one-year probation, conditions of supervised release, and deportation.

Defense attorney Bruce Berline agreed with Schuler’s recommendation.

In court papers, Schuler said Yin’s situation and culpability differs from that of Jiang Zhejun.

While Yin allowed Zhejun to use his passport, Zhejun originally took the defendant’s passport without the latter’s knowledge, Schuler said.

“Defendant’s mistake was furthering, and not correcting, the criminal conduct Mr. Zhejun started. Despite voluntarily participating in the criminal conduct, [Yin] did immediately admitted his conduct upon arrest at the airport, and has cooperated with authorities ever since,” the prosecutor said.

The 27-year-old Yin signed a plea agreement with the U.S. government. He pleaded guilty to misuse of a passport.

The U.S. government stated that on Aug. 16, 2008, Yin delivered his passport to Zhejun for the latter’s use.

That same day, local authorities escorted Zhejun to Saipan International Airport for his deportation.

Zhejun posed as Yin using Yin’s passport. After checking in at the airport and evading his escort, Zhejun met Yin at or near the airport. Zhejun then gave back to Yin his passport. Yin then attempted to leave Saipan on the same flight Zhejun was to board.

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