CHIEF Judge Ramona V. Manglona of the District Court for the NMI will resentence convicted robber John Gerald Castro Pangelinan on July 26, 2022 at 3 p.m.
The judge noted that the U.S. Court of Appeals for the Ninth Circuit has issued an order granting the parties’ joint motion to vacate the district court’s order denying Pangelinan’s Section 2255 motion and remanding the matter to the same court.
“The Ninth Circuit concurrently stated that its order constituted the mandate, thereby conferring jurisdiction back onto this court,” Judge Manglona added.
She ordered Pangelinan to appear in person at the sentencing hearing.
On July 26, 2019, Pangelinan, who represented himself, filed a motion to reconsider the 289 months or over 24 years’ jail sentence imposed on him.
Pangelinan is serving his sentence in a federal prison in Kentucky. He was convicted of Hobbs Act robbery, use of a firearm in the commission of a crime of violence, and escape.
Pangelinan’s motion was previously rejected by the District Court for the NMI.
Pangelinan submitted his application for leave to file 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, in his motion, stated that he is innocent of count III of the conviction, or using and carrying a firearm during a crime of violence.
Pangelinan 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.
