The three, who may face more than 20 years in jail for conspiracy to commit wire fraud, theft of federal funds and defrauding the U.S. government, are scheduled to be sentenced on July 28.
Villagomez through his counsel David J. Lujan raised objections on the draft of presentence investigative report submitted to the court on June 23.
Lujan said the summarized facts contained in the presentence investigative report were extracted from reports of the Office of the Public Auditor, Federal Bureau of Investigation and the U.S. Attorney’s Office.
He said that the reports were not obtained from the trial and were incomplete and insufficient. Villagomez objected to the use of the summarized facts for the purposes of aggravating or enhancing any sentence that might be imposed.
Villagomez also objected to the alleged total amount of loss of $361,125 and the 12 level increases based on the facts that the jury made no determination as to the total amount of loss involved in the case, and the total amount of loss attributable to each defendant in the case.
He added that no proof was presented at trial and no findings were made by the jury that such amounts were paid to him.
Villagomez said that the only count in the indictment that covers the entire period from 1998-200 and the 2007 transactions and the total alleged loss of $361,125 is the charge for conspiracy to defraud the United States.
The other four counts arose from the 2007 transaction and the statute of limitation bars inclusion and consideration of alleged losses from 1998-2000 transactions.
Villagomez is requesting a two-level reduction based on acceptance of responsibility as evidenced by his voluntary resignation on April 24, 2009 as lieutenant governor.
“The speediness of Villagomez’ voluntary resignation points to the timeliness and plain demonstration of his acceptance of responsibility,” Lujan said.
Villagomez objected to the presentence investigation report to a ‘total offense level of 32’ which applies to a guideline range of imprisonment from 121 to 151 months imprisonment.
He also objected to the imposition of fines and requests a waiver since he is unemployed, and the restitution amount which is $361,125 since there is no documentation to support this amount.
Lujan said that Villagomez provided financial support for his family before he resigned from his post, and his current net worth is a negative $6,300. He said his family is now relying on his wife’s income.
Lujan said that Villagomez, a first time offender is married and is an important financial provider for his family.
“A prison term would significantly harm the family unit and create financial hardships,” Lujan said. He added that Villagomez also provides for his mother who has Alzheimer’s disease, and his older brother who recently became seriously ill and required to obtain medical treatment in the mainland for an indefinite period of time.
Lujan stressed three factors relevant to the court’s consideration in fashioning a sentence that is sufficient but not greater than necessary to accomplish the objectives of retribution and rehabilitation.
This includes the nature and circumstance of the offense and the history and characteristics of the defendant, the need to reflect the seriousness of the offense, to promote respect for the law and to provide just punishment for the offense, and lastly the need to afford adequate deterrence to criminal conduct and to protect the public from further crimes of the defendant.
