In his memorandum in aid of sentencing, Assistant U.S. Attorney James J. Benedetto, the prosecutor, also recommended that Carlos Palacios Aldan be placed on two years supervised release following his incarceration.
If the federal court finds Aldan has the ability to pay a fine, Benedetto said the U.S. government is recommending the following:
• $2,000 fine
• $13,625.58 as additional fine to reimburse the United States for the cost of incarceration ($2,270.93 multiplied by six months)
• $7,615.68 as additional fine to reimburse the government for the cost of supervision ($317.32 multiplied by 24 months)
Benedetto said: “Given that [Aldan] has never been treated for substance abuse, despite his admitted use of a highly addictive and extremely destructive drug, the government requests the court order, as a condition of the defendant’s supervised release, that he be screened and assessed by a qualified substance-abuse counselor or other professional approved by the Bureau of Prisons or U.S. Probation, and that he comply with all recommendations for needed treatment.”
Further, Benedetto said Aldan’s “failure to meaningfully participate in, and successfully complete, any recommended treatment shall be grounds for revocation of his supervised release.”
Benedetto said “the sentence recommended by the [federal] government adequately reflects the seriousness of the offense, promotes respect for the law, and provides just punishment. The sentence will also adequately deter [Aldan] and others from engaging in similar conduct.”
Last July, Aldan signed a plea agreement with the U.S. government, admitting the charge of distribution of a controlled substance.
Aldan, who is currently out on bail, will be sentenced on Nov. 12, 2010 by Federal Judge Mark W. Bennett of the U.S. District Court for the Northern District of Iowa.
On July 22, 2009, Aldan “knowingly and intentionally” distributed “ice,” according to the plea agreement.
Tinian Patrol Officer Gilbert Macaranas, Aldan’s co-defendant, in his plea agreement stated that he “knowingly aided and abetted” Aldan in distributing “ice” using a Tinian patrol car.
Macaranas will remain out on bail until his sentencing.
The defendants are being represented by their court-appointed attorneys Anthony Long and Mark Hanson.
Aldan, Macaranas, and Tinian municipal employee Henry San Nicolas were separately arrested last May on “ice” charges.
The U.S. Marshals Service took into custody San Nicolas last August after the federal court revoked his pretrial release to his common law wife as third party custodian for failing to disclose his prior conviction as a sex offender.
San Nicolas’ court-appointed attorney Joseph James Norita Camacho earlier advised the court that a plea agreement had been signed and his client was ready to change his not-guilty plea
