Vol. 35 No.31
       ©2007 Marianas Variety
Friday, April 27, 2007 www.mvariety.com
Serving the CNMI for 35 years
 

© 2007 Marianas Variety
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Sentencing set for ‘ice’ peddler

By Gina Tabonares
Variety News Staff

THE District Court of Guam yesterday set a sentencing date for Leyton Ray Borja after accepting his guilty plea on an indictment charging him with possession with intent to distribute methamphetamine hydrochloride.
Borja, 36, is scheduled for sentencing on July 31, at 10 a.m.
He has remained in the custody of the U.S. Marshals Service since being arrested in February.
In the plea agreement he entered on Tuesday, he admitted that on Feb. 9, 2007, he possessed 3.5 grams of methamphetamine with the intent to distribute it to another person.
Based on sentencing guidelines, his offense has a corresponding maximum sentence of 20 years of imprisonment, a fine of $1 million, and a supervised release of at least three years.
The draft pre-sentence reports of the parties are due on July 3 while the final pre-sentence report deadline is July 24.
Objection
In other news, the lawyer for Vincent Thomas Bordallo, who admitted stealing salvaged power wire that belongs to the federal government, objected to the pre-sentence investigation of the U.S. Attorney’s Office in Bordallo’s case.
Bordallo was charged in the District Court of Guam with conversion of public money, property or records after he stole and converted old salvaged power wire belonging to the federal government with an estimated value of $3,200 on Jan. 10, 2005.
He was released on bond but was ordered not to travel and to stay away from all ports of entry and exit.
After entering his guilty plea, the court set his sentencing for June 19 at 10 a.m.
His lawyer, Mike Phillips, however, filed an objection to the pre-sentence investigation report, specifically the use of information against Bordallo.
Based on the government attorney’s report, a three-level increase is applied against Bordallo because he is responsible for coordinating the theft and sale of communications cable wire and paying members of his work crew a portion of the profits derived from the unlawful activity.
Phillips said the information provided by the defendant could not be used against Bordallo while “assessing his punishment.”
Instead, the lawyer recommended that the court subtract three levels from the defendant’s total offense level resulting from the improper addition of three levels as a consequence of defendant’s providing the information required by the plea agreement.
Phillips added that his client cooperated fully and extensively with federal investigators and should be given a level 4 sentence.