United States v. Billy Nelms, Sr.

MEMORANDUM

Defendant Billy Nelms (hereinafter “Billy”) is a former immigration officer who took bribes and provided temporary permanent resident status in return to Cambodian immigrants. He and his wife, Defendant Sokhon Nelms (hereinafter “Sokhon”), also contacted government witnesses named in his indictment while he was on pre-trial release. He was convicted at trial of (i) one count of conspiracy to commit bribery and defraud the United States, 18 U.S.C. § 371 ; (ii) one count of conspiracy to commit'witness tampering, 18 U.S.C. § 1512 (k); (iii) two counts of bribery by a public official, 18 U.S.C. § 201 (b)(2); and (iv) two counts of witness tampering, 18 U.S.C. § 1512 (b)(1). The jury also found that the statutory enhancement for commission of the witness tampering offenses while on release, 18 U.S.C. § 3147 , should apply. Subsequently, he was sentenced to 51-months imprisonment.

Defendant Sokhon Nelms, Billy’s wife, was also convicted of one count of conspiracy to commit witness tampering, 18 U.S.C. § 1512 (k), and two counts of witness tampering, 18 U.S.C. § 1512 (b)(1), and was sentenced to 18-months imprisonment.

Billy argues that his conspiracy convictions should be…