Camacho finds too lenient proposed plea deal offered to suspected ‘ice’ trafficker

Superior Court Associate Judge Joseph N. Camacho yesterday rejected as too lenient the CNMI government’s plea deal that recommends a two-year prison term offered to suspected methamphetamine or “ice” trafficker.

Camacho said the proposed plea agreement requires only two years imprisonment out of a total of five years, and then defendant Rui Wei Huang will be deported.

This lenient jail sentence, the judge noted, sends a message that criminals who are foreign citizens that are involved in illegal drugs can circumvent any significant jail time by simply going home.

Camacho said a defendant regardless of citizenship should be sentenced to the crime for which he or she committed.

After completing that sentence, Camacho said, if the defendant is a foreign citizen—then is deported according to federal immigration laws.

The judge allowed the parties to submit another proposed plea deal and ordered that the bench trial set for Nov. 14, 2016 shall proceed.

The Office of the Attorney General originally charged the 41-year-old Huang, also known as JCC Brother and Brother No-No, with two counts of trafficking controlled substance (“ice”) and three counts of possession of controlled substance (“ice”).

Camacho said the five charges carry a possible maximum sentence of 65 years imprisonment.

Yesterday, the OAG amended and dismissed the most serious of the charges. The only remaining charge is possession of controlled substance, an offense that carries a possible maximum sentence of five years imprisonment.

Assistant attorney general Chester Hinds, counsel for the government, argued, among other things, that “after careful review of the evidence and additional review conducted by the Office of the Attorney General, it believes that the evidence is insufficient to prove the remaining charges beyond a reasonable doubt.”

Assistant public defender Tillman Clark, counsel for Huang, said the two-year prison term followed by deportation is appropriate sentence considering that the defendant has no criminal history. Clark also noted that a relative amount of “ice” is alleged to be involved in this case.

In rejecting the proposed plea deal, Camacho noted that the court files contain the sworn affidavit of Drug Taskforce investigator Rudolph Sablan, in which the Department of Public Safety conducted two operations in which an informant allegedly observed Huang selling “ice;” allegedly there was an audio recording of defendant selling “ice;” allegedly the “ice” was field tested and indicated presumptive positive as “ice.”

Camacho said it also appears from the court files that allegedly at the time the arrest warrant was served, Huang had “ice” on his possession.

As of yesterday, the judge said, Huang has not filed any motion to suppress or exclude any evidence or testimony.

Camacho said the parties did not present arguments that would have been a significant mitigating factor.

Camacho said he encouraged the prosecutor and defense counsel to provide or inform the court of any other mitigating factors or information why the court should accept the plea agreement.

He said the only reason offered was that after serving two years, Huang will be deported.

Camacho said he finds OAG’s argument as weak and unpersuasive.

Camacho said defendant will be deported pursuant to federal immigration laws.

The judge said Huang does not really have a choice on the issue of deportation.

Camacho said this condition that Huang will “voluntarily” leave the CNMI is really not up to the defendant, but to U.S. Homeland Security that will deport him whether he likes it or not.

Camacho said this condition that a foreign citizen will get a reduced jail sentence if he decides to leave the CNMI creates a double standard: U.S. citizens will serve long jail sentence while foreign citizens can simply go home instead of doing any significant time.

Camacho said deportation is not a criminal punishment, but is a civil and administrative proceeding.

“The Office of the Attorney General misapplies deportation as if it is a criminal punishment,” the judge said.

Camacho said a jail sentence of two years is not a specific deterrence to Huang as he will be getting less than the possible maximum sentence and then be going home.

He said a prison term of two years is not a general deterrence to others who are committing similar crimes, and does not address the issue of retribution and incapacitation.

Last June, members of the CNMI Drug Enforcement Task Force arrested Huang for allegedly selling methamphetamine or “ice” on Saipan.

DETF Officer Rudolph C. Sablan Jr. stated in his report that their “cooperating source” managed to buy $340 worth of “ice” from Huang inside a car in the parking lot of JCC Laundromat in Garapan that same day.

Sablan said the same “cooperating source” purchased $120 worth of “ice” from Huang during the second buy-walk operation at the same location last May 11.

A DETF officer tested presumptively positive for the presence of methamphetamine the 1.13 grams of substance involved in the first deal and the 0.9 grams in the second transaction.