Babauta, 33, is expected to be released on Jan. 20, 2011 by the federal penitentiary in Atwater, California where he is serving his sentence for violating the terms of his supervised release in a separate federal case.
Superior Court Associate Presiding Judge Robert C. Naraja sentenced Babauta to five years imprisonment, all suspended except for the first eight months, for forgery and theft by unlawful taking.
Naraja said Babauta’s first six months will be served concurrently with his federal prison term, commencing retroactive to July 26, 2010.
After serving time at the federal facility, Babauta will return to Saipan to serve his probation.
Upon arrival on island, Babauta will have 45 days to arrange with federal and local officials for his surrender, and to start serving his two-month incarceration at the Department of Corrections facility.
Babauta is placed on four years and four months of supervised probation for the remaining portion of his suspended sentence, Naraja said.
Babauta is required to pay a $2,000 fine payable within three years, a $100 court assessment fee payable within 30 days upon release, and a $440 probation fee payable within three years.
Babauta will write a letter of apology to the Tinian Liaison Office and the citizens of the commonwealth that will be published in the newspapers.
He is barred from re-employment with the local government for a period of 10 years, starting from July 26, 2010.
He will undergo gambling addiction counseling, and must obey all federal and CNMI laws, as well as the rules of his probation.
The Attorney General’s Office charged Babauta with two counts of forgery and theft by unlawful taking on or between March 11 and 13, 2009 involving a government payroll check.
Assistant Attorney General Peter Prestley prosecuted the case while Assistant Public Defender Michael Brown represented Babauta.
In his federal case, Babauta was placed on probation after serving 120 days of weekend detention for mail fraud.
The Federal Probation Office said Babauta stole blank checks from the office of Saint Michael’s Response where he was then working.
Babauta attributed his actions to gambling addiction, the Federal Probation Office said.
