Opinion
21 CR 796 (KHP)
11-21-2022
THE UNITED STATES OF AMERICA, v. CHONG WOO KIM, Defendant.
ORDER OF DISMISSAL
KATHARINE H. PARKER, UNITED STATES MAGISTRATE JUDGE:
Following his entry of a plea of guilty to the one-count Misdemeanor Information charging possession of marijuana in violation of Title 21, United States Code, Section 844(a), President Biden issued a Proclamation pardoning all citizens and lawful permanent residents of who have been convicted of the offense of simple possession of marijuana in violation of 21 U.S.C. § 844(a).
Insofar as Mr. Kim is a lawful permanent resident who pleaded guilty to simple possession of marijuana, he meets the criteria for the President's pardon. Pursuant to 18 U.S.C. § 3607, the Court deferred entry of a judgment of conviction pending Mr. Kim's anticipated successful completion of one year of probation. The Court is authorized to terminate this supervision at any time if Mr. Kim has not violated his probation without entering a judgment of conviction. 18 U.S.C. § 3607. Mr. Kim has to date fully complied with the terms of his probation and paid the fine imposed by the Court. In light of the fact that he qualifies for the pardon and has fully complied with the terms of his release, the Court hereby: DISMISSES all proceedings against Mr. Kim and discharges him from probation.
SO ORDERED.