CHIEF Judge Ramona V. Manglona of the District Court for the NMI in an amended judgement on Oct. 26, 2022 resentenced John Gerald Pangelinan to 169 months or 14 years in prison.
Pangelinan was previously sentenced to serve 289 months or 24 years. He has been serving his sentence in a federal prison in Kentucky for Hobbs Act robbery, use of a firearm in the commission of a crime of violence, and escape.
According to the amended judgment, Pangelinan, who will be out of prison, will be placed under three years of adult supervision.
A lump sum of $18,742.54 in restitution will be immediately due to the victim, Myung Kim.
On July 26, 2019, Pangelinan, who represented himself, filed a motion to reconsider the 289 months’ jail sentence imposed on him.
The motion was rejected by the District Court for the NMI, but the U.S. Court of Appeals for the Ninth Circuit issued an order granting the parties’ joint motion to vacate the district court’s order, and remanded the matter to the same court.
Pangelinan submitted his application for leave to file a motion to set aside or correct his sentence in light of a 2015 U.S. Supreme Court ruling that invalidated the residual clause.
The residual clause of the Armed Career Criminal Act is a statute that imposes additional punishment on persons with multiple prior convictions.
Pangelinan stated that 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.
Pangelinan and his co-defendant Daniel Muna Quitugua are in federal prison for the attempted armed robbery of Capital Poker in Sadog Tasi on April 29, 2004.
