17-3489-cr United States v. Cheng 17-3489-cr United States v. Jian Guo Cheng UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURTʹS LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION ʺSUMMARY ORDERʺ). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 5th day of March, two thousand nineteen. PRESENT: BARRINGTON D. PARKER, DENNY CHIN, RICHARD J. SULLIVAN, Circuit Judges. ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐x UNITED STATES OF AMERICA, Appellee, v. 17‐3489‐cr JIAN GUO CHENG, Defendant‐Appellant. ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐x FOR APPELLEE: MARIA CRUZ MELENDEZ, Assistant United States Attorney (David C. James, Nadia E. Moore, Assistant United States Attorneys, on the brief), for Richard P. Donoghue, United States Attorney for the Eastern District of New York, Brooklyn, New York. FOR DEFENDANT‐APPELLANT: MEGAN WOLFE BENETT, Kreindler & Kreindler LLP, New York, New York. Appeal from the United States District Court for the Eastern District of New York (Amon, J.). UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Defendant‐appellant Jian Guo Cheng appeals from his sentence of 68 monthsʹ imprisonment following a guilty plea to conspiring to participate in the use of extortionate means to collect and attempt to collect an extension of credit, in violation of 18 U.S.C. § 894(a)(1). We assume the partiesʹ familiarity with the underlying facts, procedural history, and issues on appeal. On December 15, 2015, Immigration and Customs Enforcement (ʺICEʺ) agents detained Cheng, a citizen of the Peopleʹs Republic of China, in connection with his 2011 extortion conspiracy convictions and subsequently placed him in removal proceedings. On the same day, the government separately arrested a few of Chengʹs criminal associates, charging them, inter alia, with participating in a racketeering organization. While challenging his removability, Cheng met with the government to provide information about his criminal associates in an effort to avoid deportation. On May 23, 2016, pursuant to a cooperation agreement, Cheng pleaded guilty to a one‐ count information charging him ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals