By Cherrie Anne E. Villahermosa
Variety News Staff

THE federal court has denied a motion for judgment of acquittal filed by a woman convicted of conspiracy to distribute “ice,” possession with intent to distribute, and distribution of “ice.”
Julita Sablan and her attorney Steven Pixley appeared before U.S. District Court for the NMI Chief Judge Alex R. Munson yesterday morning for the hearing of her motion.
The federal government was represented by Assistant U.S. Attorney Craig Moore.
Pixley argued that the evidence was insufficient to show Sablan’s actual possession of the drugs distributed to a cooperating witness.
He said the jury’s verdict must be overturned and a judgment of acquittal must be entered.
But Moore said the evidence was sufficient to prove that Sablan was in joint and constructive possession of the drugs sold to the cooperating witness on Sept. 13, 2006.
In his written order, Munson said the jury heard expert testimony that the way in which the entire transaction was conducted matched the method used by “street level” drug dealers.
The judge said the jury heard that the smarter dealers never touch the drugs or the money, relying instead on underlings to consummate drug deals.
The jury also heard that on the date of the transaction, Sablan could not leave the immediate area of her house because she was wearing an electronic monitoring device as a condition of probation from an earlier offense, the judge said.
The court, he added, cannot say that any rational jury would not have found Sablan guilty beyond a reasonable doubt.
Munson said the jury had an opportunity to fairly resolve conflicts in the testimony, to view and hear the witnesses, judge their demeanor and credibility, weigh the evidence and draw reasonable inferences from basic to ultimate facts.
“The court will not overturn their findings of guilt,” Munson said.
Sablan was indicted along with Ismike Magofna and Greg Magofna.
The indictment filed against Greg Magofna was dismissed due to lack of evidence.
Ismike Magofna signed a plea agreement and entered a plea of guilty to “ice” distribution.
Sablan’s jury trial was held on Dec. 11, 2006 and the jury found her guilty of the charges on Dec. 15, 2006.