United States v. Song Zheng, 27 F.4th 1239

Song Guo Zheng, a lawful permanent resident and university researcher, concealed substantial ties to Chinese talent programs, foreign grants, and industry funding while applying for NIH grants.
From 2013–2019 Zheng repeatedly failed to disclose foreign collaborations, conflicts of interest, and foreign funding on NIH applications; NIH awarded him roughly $3.92 million.
After internal investigations and an FBI inquiry, Zheng fled to China but was apprehended in Anchorage; he pleaded guilty to making false statements in violation of 18 U.S.C. § 1001(a)(3).
At sentencing counsel objected to PSR enhancements and sought a downward departure based on research contributions, but did not seek a downward variance based on Zheng’s deportable-alien status.
The district court adopted the PSR, imposed a 37-month sentence (low end of the Guidelines), and Zheng appealed claiming ineffective assistance for failing to seek an immigration-based variance.
The Sixth Circuit declined to address the ineffective-assistance claim on direct appeal, finding the record inadequate and pointing to circuit precedent that treats immigration status as a discretionary sentencing consideration.

Issue	Zheng's Argument	Government's Argument	Held
Whether counsel was constitutionally ineffective for not seeking a downward variance based on Zheng’s deportable-alien status	Zheng: Counsel unreasonably failed to seek a Smith-style variance for harsher incarceration conditions faced by deportable aliens, causing prejudice	Government: Record is inadequate on counsel’s reasons; sentencing courts may permissibly vary up or down for immigration status (Petrus); ineffective-assistance claims belong in §2255 proceedings	Sixth Circuit: Declined to address ineffective-assistance claim on direct appeal for lack of an adequate record; dismissed the claim and directed that it be raised under §2255 if desired

Strickland v. Washington, 466 U.S. 668 (1984) (two-prong ineffective-assistance standard)
Massaro v. United States, 538 U.S. 500 (2003) (ineffective-assistance claims generally resolved in §2255 proceedings)
United States v. Petrus, 588 F.3d 347 (6th Cir. 2009) (sentencing courts may legitimately reach either an upward or downward variance for immigration status)
United States v. Thomas, 999 F.3d 723 (D.C. Cir. 2021) (remanded ineffective-assistance claim where record conclusively showed counsel failed to seek deportable-alien variance)
United States v. Hynes, 467 F.3d 951 (6th Cir. 2006) (we typically decline to resolve ineffective-assistance claims on direct appeal)
United States v. Lopez-Medina, 461 F.3d 724 (6th Cir. 2006) (§2255 forum better for developing record on counsel’s performance)
United States v. Ebolum, 72 F.3d 35 (6th Cir. 1995) (discussing BOP policies affecting deportable aliens)
United States v. Smith, 27 F.3d 649 (D.C. Cir. 1994) (Smith variance: downward variance for deportable aliens due to objectively more severe conditions)
United States v. Ferguson, 669 F.3d 756 (6th Cir. 2012) (§2255 proceedings allow fuller development of ineffective-assistance record)