Previous Story
Convict released from custody pending appeal
|
Posted on Apr 23 2005
The U.S. District Court has ordered the temporary release of a man who has been convicted for attempted alien smuggling pending his appeal before the U.S. Court of Appeals for the Ninth Circuit.
But chief judge Alex R. Munson set conditions for Edward Mendiola Fleming’s temporary release, including an order for him to surrender his passport. The judge also told Fleming not to obtain a new passport.
Munson also restricted Fleming to his mother’s Saipan home, directing him not to travel to Tinian without permission from the U.S. Probation Office. The judge mandated Fleming’s appearance at all court proceedings regarding his case and to report to Probation for supervision.
The court had convicted Fleming of attempted alien smuggling for financial gain and sentenced him to six-and-a-half months imprisonment. Fleming piloted a boat carrying three Chinese passengers from Tinian sometime last year. Prosecutors alleged that the boat was headed to Guam, but it detoured to Rota after getting lost at sea.
Prosecutors also charged a Chinese national, Huang Zhong, for allegedly recruiting the Chinese passengers.
Munson’s order of release came about after the appellate court ruled that Fleming’s appeal “raises a ‘substantial question’ of law or fact that is likely to result in reversal, order for a new trial, or sentence that does not include a term of imprisonment.”
The appellate court also declared that Fleming does not pose a flight risk or danger to the safety of another person or the community.
