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By
Gina Tabonares
Variety News Staff
THE U.S. District
Court of Guam has ordered convicted former Senator William Willy
Bruce Flores to surrender, after denying the former lawmakers request
to post bail pending the resolution of his latest motion.
Chief Judge Frances Tydingco-Gatewood, in an April 13, 2007 order, directed
Flores to turn himself over to the designated U.S. Marshals Office and
start serving his eight-month incarceration in an off-island federal detention
facility.
Flores was sentenced on Oct. 27, 2005 after pleading guilty to money laundering
charges filed against him and former chief of staff Gil Shinohara. He
was supposed to report to the U.S. Marshals on March 13 but was allowed
a 30-day stay of execution of his sentence after his mother died last
month.
While waiting for the result of a motion for reconsideration which 3they
filed in the 9th Circuit Court, Floress lawyer, David J. Highsmith,
filed a motion to vacate, set aside or correct sentence in the District
Court. Highsmith also filed a motion to release and stay of execution
on April 12.
In his petition, the former senator alleged that the sentencing judge
was improperly biased against him, resulting in an illegal sentence.
Judge Tydingco-Gatewood ordered the U.S. Attorneys Office to file
any opposition to Floress petition on or before April 27, 2007 and
schedule a May 2, 2007 deadline for Flores to reply to the governments
opposition.
The court stated if it finds that a hearing is necessary on Floress
motion, it will set a court hearing at a later date.
On Floress petition to be released pending his petition, Judge Tydingco-Gatewood
ruled that motions for release pending sentence and appeal do not apply
to a convicted federal prisoner seeking post-conviction relief.
Accordingly, the Bail Reform Act is not the proper standard to determine
Floress eligibility for bail, the judge stated.
Flores, as part of his plea agreement, cooperated with federal authorities
and testified against Shinohara and Takahisa Goto who were sentenced in
federal court for concocting a scheme to defraud the Bank of Guam of some
$300,000.
The bank originally loaned the conspirators $2 million to purchase Pedros
Plaza and committed to lend them an additional $1 million to renovate
and repair the typhoon-damaged, abandoned multi-story office building
in Hagatna.
Instead of making the renovations, they diverted $300,000 for their personal
use.
Shinohara was sentenced to a 32-month incarceration with a $10,000 fine,
and had to pay $150,000 in restitution, while Goto was ordered to be locked
up in his house for three months with electronic monitoring and two years
of probation.
Shinohara is still in a local jail waiting for the disposition of the
government corruption case filed against him in connection with the retirement
benefits of former Gov. Carl T.C. Gutierrez.
Gutierrez and former Retirement Fund director John Rios were earlier indicted
but their indictments were dismissed.
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