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Chinese woman pleads guilty in college test-taking scheme
U.S. Court News | 2015/11/01 09:39
A Chinese woman pleaded guilty Thursday to conspiring to have two other women take college admissions examinations in her place to help her get accepted to Virginia Tech.
 
Yue Zou acknowledged having her boyfriend contact a China-based test-taking service.

After that happened, Zou, of Blacksburg, Virginia, supplied her passport information through an online network known as QQ Chat, which enabled people in China to create in her name phony passports that were shipped to her in the United States.

On the passports were the photos of two other Chinese women, who took tests in the Pittsburgh area while pretending to be her.

Assistant U.S. Attorney Jimmy Kitchen told the judge that Zou forwarded results from the Test of English as a Foreign Language, or TOEFL, to Virginia Tech in November 2013 and results of a Scholastic Aptitude Test, or SAT, taken by another Chinese impostor in March 2014.

Zou, from Hegang, a city in the Chinese province of Heilongjiang, paid an unspecified sum for the TOEFL and $2,000 for the SAT, Kitchen told a judge in U.S. District Court in Pittsburgh.

Zou, 21, faces up to five years in prison when she's sentenced in February. She could also be deported, though that will be handled by federal immigration officials in a separate proceeding.

Federal authorities haven't explained how they learned of the scheme.

Zou's attorney, Lyle Dresbold, told the judge that Zou will remain confined to her Blacksburg apartment with an electronic monitoring bracelet until she's sentenced. He told the judge she's still enrolled at Virginia Tech.

University spokesman Mark Owczarski said he could not comment on her status. But he said students found to have submitted work that is not their own to gain admission would face a range of possible sanctions, including expulsion, under the university's honor code.

Zou's TOEFL test was taken by Yunlin Sun, 24, of Berlin, Somerset County. She pleaded guilty in August and faces sentencing in December. Prosecutors say Ning Wei, from Taiyuan, in the Chinese province of Shanxi, took Zou's SAT. She hasn't been arrested, and prosecutors say they believe she returned to China.



California appeals court rejects right-to-die lawsuit
Court News | 2015/10/27 09:39
A California appeals court on Thursday rejected a lawsuit by three terminally ill patients that sought to clear the way for doctors to prescribe fatal medication to them and others like them who want the option of taking their lives.

A state law that makes helping someone commit suicide a crime clearly applies to physicians who provide patients lethal drugs, a division of the Fourth District Court of Appeal ruled.

"We believe prescribing a lethal dose of drugs to a terminally ill patient with the knowledge the patient may use it to end his or her life goes beyond the mere giving of advice and encouragement and falls under the category of direct aiding and abetting," Associate Justice Alex McDonald wrote.

The ruling affirmed a lower court decision that dismissed the lawsuit. The lawsuit was brought against the state by Christy O'Donnell and two other terminally ill California residents.

O'Donnell suffers from Stage IV cancer of the left lung and was given less than six months to live in May when the lawsuit was filed.

California has since approved right-to-die legislation, though it will not likely go into effect in time to benefit the three patients, the appeals court acknowledged.

John Kappos, an attorney for the patients, said they are considering all options, including an appeal to the California Supreme Court.




Supreme Court won't reinstate $250K award in police shooting
Legal Line News | 2015/10/20 15:31
The Supreme Court will not reinstate a $250,000 award to the father of a suspected marijuana user in Maryland who was killed by police in a middle-of the-night raid.

The justices on Monday left in place a court ruling that overturned the jury award in the death of Andrew Cornish in 2005. A SWAT team entered Cornish's apartment in Cambridge,

Maryland, at 4:30 a.m. with a search warrant to look for marijuana.

The jury found that police violated Cornish's constitutional rights by failing to "knock and announce" their presence before going inside.

A lawsuit filed by Andrew Kane over his son's death argued that Cornish was awakened by the intrusion, grabbed a knife for protection and was shot in the head seconds later.



Federal court programs aim to keep defendants out of prison
Legal News Feed | 2015/10/19 15:31
Angelique Chacon had emotionally girded herself to spend six years behind bars for selling methamphetamine when her attorney gave her a way out — a new rehabilitation program in U.S. District Court in Los Angeles that might allow her to avoid prison.

Chacon, 31, a former methamphetamine user herself, accepted the pre-trial offer, got a part-time job, took classes at a technical school and graduated from the rehab program last year with a sentence of probation instead of prison.

"I'm a totally different person," she said. "I'm sober. I'm more involved with my family. I'm really there mentally."

Chacon is among hundreds of federal defendants accused of low-level crimes such as smuggling or selling small amounts of drugs who have avoided prison time in recent years with the help of court programs that focus on rehabilitation. Many of the programs offer counseling and treatment for addictions.

About a dozen federal district courts across the country have so-called pre-trial diversion programs — most launched within the past five years. The federal court system in California also has such a program in San Diego and is getting ready to launch another in San Francisco.

"The trend has really taken off," said Mark Sherman, an assistant director with the Federal Judicial Center, the research and education agency of the federal judiciary. "There's a hunger in our system to engage in meaningful criminal justice work, and this is one way of doing it."

Many of the programs function like state drug courts, where defendants with substance abuse problems receive treatment and counseling. Still others focus on young defendants with no requirement that they have drug addictions. Regardless, judges, prosecutors and pre-trial service officers say the goals are the same: To help people overcome obstacles that contributed to their crimes and save money by keeping them out of prison.



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