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U.S. v. XIANG

No. 95-5071.

77 F.3d 771 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Shaw Yan XIANG, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 11, 1996.

Attorney(s) appearing for the Case

ARGUED: Bridgett Britt Aguirre, Fuquay-Varina, North Carolina, for Appellant. John Samuel Bowler, Assistant United States Attorney, Raleigh, North Carolina, for Appellee. ON BRIEF: Janice McKenzie Cole, United States Attorney, David J. Cortes, Assistant United States Attorney, Raleigh, North Carolina, for Appellee.

Before WILKINS and NIEMEYER, Circuit Judges, and PAYNE, United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed as modified by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WILKINS and Judge PAYNE joined.

OPINION

NIEMEYER, Circuit Judge:

On October 11, 1994, Shaw Yan Xiang, a citizen of China and resident alien of the United States, pled guilty to credit card fraud committed in Raleigh, North Carolina, in violation of 18 U.S.C. § 1029(a)(1). The district court sentenced Xiang to 16 months imprisonment, fined him, and ordered...

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