Judge Mark W. Bennett of the Northern District of Iowa sentenced Henry San Nicolas to time served at the Department of Corrections facility.
Variety learned that San Nicolas was incarcerated for 108 days.
Assistant U.S. Attorney James J. Benedetto, the prosecutor, recommended a sentence of six months imprisonment and three years supervised release.
San Nicolas’ court-appointed defense attorney Joseph James Norita Camacho recommended that his client be sentenced to time served.
Bennett told San Nicolas to not commit another federal, state, or local crime.
San Nicolas was also directed to comply with the Sex Offender Registration and Notification Act.
San Nicolas will perform 50 hours of community service under the direction of the Federal Probation Office.
San Nicolas was required to pay a $100 special assessment fee to be paid immediately after sentencing.
All fines were waived since it was determined by the court that San Nicolas did not have the ability to pay.
San Nicolas will not unlawfully use and/or possess a controlled substance, and will participate in a substance abuse treatment program.
He has to submit to a drug and alcohol use test, and for the collection of DNA sample at the direction of the U.S. Probation Office.
On May 19, 2010, San Nicolas, Tinian Police Officer Gilbert Macaranas and Carlos Aldan were arrested by the U.S. Drug Enforcement Administration and the Tinian police on “ice” charges.
Aldan is due for sentencing in federal court today after he signed a signed a plea agreement with the U.S. government last July, admitting the charge of distribution of a controlled substance.
Macaranas pleaded guilty to distribution of a controlled substance. He is currently out on bail for his sentencing.
A former municipal dog control officer, San Nicolas was transferred to an administrative position at the Tinian public library.
He was released to his common-law wife and mother as his third party custodians after posting $25,000 in unsecured bond.
The Federal Probation Office later asked the federal court to revoke San Nicolas’s pretrial release for failing to disclose his prior conviction as a sex offender.
On Sept. 19, 1999, San Nicolas was arrested for assault and battery. The case was not forwarded to the CNMI Attorney General’s Office for prosecution, the report stated.
On Feb. 2, 2001, San Nicolas was arrested for sexual abuse of a child.
He was charged with three counts of sexual abuse of a child, and two counts of oral copulation with a minor.
San Nicolas pleaded guilty to one count of oral copulation. He was sentenced on March 13, 2002 to two years imprisonment, all suspended, and two years of probation.
The Federal Probation Office further discovered that San Nicolas was not registered with the CNMI Sex Offender Registry. CNMI law requires those convicted of sexual offenses against minor victims to remain registered for a period of 10 years from the date the person is placed on probation.
