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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. Attorneys Office in Bordallos
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 attorneys 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 defendants total offense level resulting from the improper addition
of three levels as a consequence of defendants 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.
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