Man in trafficking and possession of 3 grams of ‘ice’ gets 5 years in prison

Superior Court associate judge David A. Wiseman imposed yesterday a five-year prison term on a 41-year-old man convicted of trafficking of a controlled substance and illegal possession of controlled substance.

Wiseman said the 25-year mandatory sentence does not serve the end of justice in the case of Jing Xin Xiao, who he said has no criminal record and was convicted of trafficking just 3 grams of “ice”.

Wiseman noted that the five-year sentence without parole equals a 15-year sentence and that is not by any standard a lenient sentence.

Xiao was fined $10,000 for the crime of trafficking of a controlled substance. For the crime of illegal possession of a controlled substance, Xiao was sentenced to the maximum of five years to be served without parole or suspension and a fine of $5,000, with credit for time served.

“In imposing this sentence, the court acknowledged the witness’ testimony and the arguments of counsel that the mandatory sentences recently imposed on drug trafficking have had an effect on reducing drug activity in the community,” Wiseman said.

Xiao was remanded to the Department of Corrections. His release date is April 7, 2015 at 4:49pm.

Notwithstanding his disdain for mandatory sentences, Wiseman stressed that he has not and will not hesitate to impose the mandatory 25-year sentence without parole for drug traffickers. He cited his sentencing in July of convicted drug trafficker Qun Yu, who was sentenced to a total of 28 years in prison.

The judge later issued a written order in which he urged the Legislature to look into the law that provides a mandatory 25-year prison sentence on anyone convicted of trafficking “ice” even it only involves 3 grams and the defendant has no prior conviction.

Under the mandated sentence, Xiao would be penalized and treated similar to a defendant who may be convicted of trafficking 5 to 100 kilos of “ice,” who has several prior convictions, and who may have sold “ice” to school children.

In Xiao’s case, assistant attorney general Russell Lorfing recommended the 25-year mandatory sentence. Chief public defender Adam Hardwicke, counsel for Xiao, recommended the $10,000 fine without the 25-year sentence for trafficking and five years for the possession charge.