Richards agreed to admit charges of conspiracy to distribute 0.94 grams of “ice,” distribution of “ice,” and possession of a firearm by a prohibited person.
Assistant U.S. Attorney James J. Benedetto, who is prosecuting the case, said the federal government has agreed to recommend the minimum period of incarceration recommended by the U.S. Sentencing Guidelines.
Richards’ total offense level is 20, according to the presentence investigation report submitted by the U.S. Probation Office, and this corresponds to a guideline range of between 33 and 41 months.
Benedetto also asked the federal court to impose a three-year term of supervised release, a $100 special assessment fee for each of three counts, and appropriate terms of supervised release.
According to Benedetto, “The government does not believe that isolation of [Richards] from the community should be the most important sentencing goal in this case. [The] defendant, while he does have some juvenile contacts, does not have any prior adult criminal convictions. In addition, by all accounts, the defendant has been compliant with his release conditions, and his prospects for rehabilitation appear good.”
Benedetto said the recommended sentencing for Richards “reflects the seriousness of the offense, promotes respect for the law, and provides just punishment.”
He added, “Deterrence should be the most important goal in this case.”
Visiting federal Judge Mark W. Bennett of the Northern District of Iowa will sentence Richards who was released to the custody of his mother and common-law wife after he pleaded guilty last February.
Richards was detained after he turned himself to federal authorities last October following the filing of an indictment against him.
Richards signed the plea agreement, together with his court-appointed defense attorney, Michael N. Evangelista.
Under the plea agreement, the federal government will move to dismiss the charge of carrying a firearm during and in relation to a drug trafficking crime.
Richards, for his part, will “fully and truthfully cooperate with federal law enforcement agents concerning their investigation of trafficking in controlled substances, money laundering and other offenses.”
On July 15, 2010, according to the stipulated facts, Richards “aided and abetted one or more unindicted conspirators in the distribution of ice.”
Richards’ federal drug charges were similar to those filed against him in Superior Court, but these were later dismissed without prejudice as moved by the Attorney General’s Office in “the interest of justice and judicial economy.”
Richards, who was off-duty at that time, and Belinda O. Omengkar were arrested in July 2010 by the CNMI Joint Drug Task Force for possession and trafficking of “ice.”
Police also seized Richards’ Department of Public Safety-issued 9mm pistol.
The AGO told the local court that it “wishes to continue the prosecution” of Omengkar.
Omengkar was charged with possession and trafficking of controlled substance, and conspiracy. Her jury trial starts on Nov. 7, 2011. She has denied the charges.
Early this month, the Superior Court ordered “no bail” on Omengkar after she was taken into custody for contempt of court.
Last June, Omengkar served 50 days at the Department of Corrections facility after she admitted two counts of contempt of court.
The Superior Court originally sentenced Omengkar to 120 days imprisonment, but all suspended except 50 days with credit for time served.
