While currently out on bail waiting for his sentencing, Maratita voluntary surrendered to the U.S. Marshals Service after he admitted to the Federal Probation Office that he smoked “ice” twice.
Gatewood concurred with the recommendation of Assistant U.S. Attorney James Benedetto who prosecuted the case.
“Most importantly, a sentence of incarceration…will allow [Maratita] to take advantage of in-patient substance abuse treatment programs available to him from the Bureau of Prisons,” Benedetto said.
The prosecution added: “The defendant in an addict. He has admitted as much to [Benedetto] in the presence of his lawyer and fiancé, and his ‘ownership’ of his addiction is the first step on the road to his rehabilitation. His chances of recidivism is greatly reduced if he can learn to manage his addiction.”
D
avid Banes, counsel for Maratita, moved for a sentence of three months imprisonment and seven months confinement at a community drug treatment center in Florida where his family will be moving.
Benedetto said while Maratita did not use the gun he possessed to commit a separate crime, “he is indeed fortunate in that he sold the firearm to someone working with law enforcement, rather to someone who may have used it to rob, injure, or kill another human being.”
Maratita has no criminal history after his felony conviction in 1997.
He has maintained several periods of steady employment since his conviction.
“[Maratita] appears to be remorseful for his conduct,” Benedetto told the court.
Maratita pleaded guilty to the charge of possession of a firearm by a prohibited person.
Maratita sold a Colt .25 semi-automatic pistol on March 16, 2009 to a cooperating source working with the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives.
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