Ruling Requires New Sentence for Asian-Canadian
An appeals court has ruled that an Asian-Canadian woman, convicted of conspiracy and possession with intent to distribute heroin, be resentenced because the judge remarked on her race and nationality.
“A defendant’s race or nationality may play no adverse role in the administration of justice, including at sentencing,” the three-member U.S. 2nd Circuit Court of Appeals panel said Monday.
The panel said it will send the case back to another judge for resentencing. In 1993, while sentencing Lai-Moi Leung, 52, to 19 years in prison, U.S. District Judge John Keenan made reference to her ethnic origin and immigrant status.
“Frequently when I sentence folks who are not American citizens . . . I make the observation . . . that we have enough home-grown criminals in the United States without importing them,” Keenan said.
After imposing the sentence, the judge went on to say that “if people want to come to the United States, they had better abide by our laws.”
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