INDIANAPOLIS — Youhuang Xiang sat handcuffed, clad in a faded black-and-white uniform as he awaited a verdict 1 p.m. Tuesday at the U.S. District Court for the Southern District of Indiana. The 32-year-old former postdoctoral fellow at Indiana University pled guilty to one charge of smuggling, resulting in a minor sentence and fine — and his deportation.
Xiang was detained by U.S. Customs and Border Protection on Nov. 23 in Chicago’s O’Hare International Airport. They questioned him about a package he received from his home country of China in March 2024.
Xiang admitted to CBP officials that he received E. coli plasmid DNA from the Chinese Academy of Sciences in that package, despite previously telling CBP it only contained various articles of clothing. The shipment was recorded by customs as a package containing mostly women’s clothing.
Plasmid DNA is a small, circular, nonliving DNA molecule found in most bacteria, including E. coli. It does not have the infectious properties of E. coli, nor is it used to produce the sickness-inducing bacteria, according to the National Human Genome Research Institute. Instead, plasmid DNA is generally used by researchers to replicate genes en masse and study them.
Xiang said during the trial he intended to use the plasmids to further his research into genetically modifying wheat crops to be more resilient against E. coli and other harmful bacteria. He said he ordered a specific kind of plasmid because he was more familiar with it from his research in China.
On Nov. 25, he was charged with smuggling, conspiracy to commit smuggling and knowingly falsifying documents and statements to law enforcement, all felonies.
Several friends, family members and colleagues wrote letters to the court in defense of Xiang’s actions and character. One letter came from professor Armin Moczek, chair of IU’s biology program.
“I would like to emphasize that the use of plasmid DNA — the type of DNA Dr. Xiang is accused of having smuggled into the country — is standard practice for molecular biologists,” he wrote. “So standard in fact that we teach it to freshman undergrads and high school interns.”
Another letter came from one of Xiang’s sisters, Qiao, who said he possessed a rare kindness.
“On one occasion, my mother was bitten by a poisonous insect while working in the fields and her life was in danger,” Qiao wrote. “While Youhuang was away at university, he rushed home immediately upon hearing the news. He stayed by her side day and night at the hospital, accompanying her for tests during the day and staying awake to monitor her IV infusions at night.”
James Tunick, Xiang’s defense attorney, and Assistant U.S. Attorney Matthew Rinka negotiated the terms of a guilty plea agreement that would dismiss the conspiracy and falsification charges.
Both parties agreed to recommend no further jail time for Xiang, as he spent more than four months between prisons in Illinois and Indiana.
Once it became clear Xiang could not get his legal status reinstated, his defense also agreed with the U.S. to recommend a judicial order of removal — deportation.
Xiang, who was in the country on a J-1 visa for work-study programs, was not a U.S. citizen. By pleading guilty to a felony crime of moral turpitude, he vacated his legal right to stay in the country.
Nearly three hours after the sentencing hearing began, Indiana Southern District Judge James Sweeney reached a conclusion.
The terms of the guilty plea were met, and Xiang would not serve any further time in prison. He was also ordered to pay a $500 fine and an additional $100 special assessment fee to the U.S. District Court for the Southern District of Indiana.
Sweeney also issued a judicial order of removal. Xiang, a native of Jiangsu Province, China, will return home. Tunick said he thinks it could happen as soon as this weekend.
“I’m thankful the judge saw it was a just sentence, and Youhuang could be back with his family soon,” Tunick said in an interview.
Around 20 people came to support Xiang at the hearing, including IU professor Roger Innes, whose lab was the site of Xiang’s research.
Some University of Michigan alumni also came to witness the sentencing following the deportation of UM researcher Yunqing Jian in a similar smuggling case.
Xiang will return to his parents and two younger sisters, where he will hope to continue his research, his attorney said during the trial.
“His dream is still to teach biology, maybe as a professor,” Tunick said.
CORRECTION: This story has been updated with the correct name of U.S. Customs and Border Protection.
