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Convicted robber asks US court to reconsider 289-month jail sentence

JOHN Gerald Castro Pangelinan is asking the federal court to reconsider the 289-month jail sentence it imposed on him in light of a 2015 U.S. Supreme Court ruling that invalidated the residual clause.

The residual clause of the Armed Career Criminal Act imposes additional punishment on persons with multiple prior convictions.

Pangelinan is serving his time in a federal prison in Kentucky for Hobbs Act robbery, use of a firearm in the commission of a crime of violence and escape.

In his recent application for leave to file motion to set aside or correct sentence, Pangelinan said he is innocent of count III of the conviction: using and carrying a firearm during a crime of violence.

He said he was charged with count III under the residual clause and therefore the sentence associated with it should be vacated.

He noted that he had filed two previous motions in the District Court for the NMI that were both denied in 2013 and in 2015.

Pangelinan filed the previous motions on grounds of ineffective assistance of counsel, misleading him as to the consequences of accepting the plea agreement. He also claims that the commitment order was in error.

Pangelinan and his co-defendant Daniel Muna Quitugua are serving jail terms for the armed robbery of Capital Poker in Sadog Tasi on April 29, 2004.

On June 1, 2016 the U.S. Court of Appeals for the Ninth Circuit granted Pangelinan’s motion requesting appointment of legal representation and the granting of a resentencing hearing in the District Court with instructions to reopen Pangelinan’s case.