LOS ANGELES (CN) — A Southern California man who was caught red-handed with 30 Chinese Hwamei birds in his luggage at Los Angeles International Airport was sentenced to time served Friday afternoon.
Quang Truong, 54, fared better than his accomplice Sony Dong, the man who had recruited him to bring the birds back from Vietnam and who was sentenced to 18 months in federal prison in 2018.
Truong declined to address the court at his sentencing before U.S. District Judge André Birotte Jr. His attorney Patrick McLaughlin told the judge that Truong, who lives in an RV and works at a hotel in Irvine, California, has abided the terms of his pretrial release ever since his arrest in late 2016 except for one "glitch" during the pandemic in 2020.
"The fact that he managed to stay out of trouble speaks volumes about him," McLaughlin said. "Especially for someone who doesn't have a normal, stable home environment."
Assistant U.S. Attorney Dennis Mitchell didn't argue for prison time at the hearing. Mitchell declined to comment afterward on why it had taken more than seven years after he was charged for Truong to be sentenced. Most of the filings in the case are under seal, which can indicate that the defendant cooperated with an ongoing investigation.
According to the affidavit by a special agent with the U.S. Fish and Wildlife Service at the time of Truong's arrest, the Asian songbirds are listed by the Convention on the Trade in Endangered Species of Wild Fauna and Flora as being at risk of becoming extinct, and trade of the species is closely regulated and monitored.
Truong had been arrested in Vietnam in April of 2016 for attempting to smuggle birds, including the Chinese Hwamei, out of the country, which put him on Fish and Wildlife's radar. When he arrived at LAX in December of that year, law enforcement was waiting for him and discovered the 30 birds packed in cages in two suitcases.
At the same time, law enforcement arrested Dong, who was waiting for Truong at the arrival hall of the airport.
According to Dong's plea agreement, he and another unidentified person had recruited Truong to smuggle the birds from Vietnam. When he was arrested, Truong had birds strapped to his legs as well as packed in his suitcase.
Undeterred, Truong made two more trips to Vietnam, in September and November of 2016, to pick up more birds to illegally bring to the U.S. Truong was going to get about $2,000 for his efforts, according to his sentencing papers.
"Although Mr. Truong became involved in an international smuggling scheme, his role in the offense was minor, the benefit he was supposed to receive was limited and not representative of the $15,000 that Mr. Truong may be required to pay in restitution," his lawyer argued in the request for a non-custodial sentence.
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