The U.S. government asked the court yesterday to dismiss the charge of conspiracy to distribute methamphetamine or “ice” against Division of Youth Services probation officer Leonard Urumelog Ordonez.
As this developed, the U.S. government also indicated that it is not opposing Corrections officer Jesse Reyes Babauta's motion to dismiss count 7 of the indictment charging him with possessing a firearm during and in relation to a crime of violence or drug trafficking crime.
Assistant U.S. attorney Clyde Lemons Jr. informed the U.S. District Court for the NMI about their request to dismiss with prejudice the case against Ordonez. Lemons did not explain the reason behind the request.
Dismissal with prejudice means the case cannot be re-opened.
The indictment charged Ordonez, former CNMI adult probation officer Robin Sablan, and his wife Ofelia Sablan with conspiracy to distribute methamphetamine.
In addition, Robin Sablan was charged with one count of distribution of methamphetamine.
The Sablan couple signed a plea agreement with the U.S. government and pleaded guilty.
According to the indictment, from June 10, 2010, until Aug. 22, 2012, the three allegedly conspired to distribute “ice.”
With respect to Babauta, assistant U.S. attorney Lemons told the federal court on Wednesday that the U.S. government does not oppose the defendant's motion to dismiss count 7 of the indictment.
Attorney Michael W. Dotts, counsel for Babauta, argued in the motion that count 7 fails to state a chargeable offense because it is “completely devoid of any substantive facts.”
Dotts said the indictment appears to be based solely on the purported fact that Babauta sold an unloaded firearm and a small amount of “ice” in two separate transactions to the same buyer on the same day.
Dotts said the text of count 7 does not state any facts showing how defendant actually “used” and/or “carried” the firearm and is equally silent on how the alleged carrying of the firearm was “in relation to” to the “ice” sale.
Aside from count 7, the indictment charged Babauta with one count of conspiracy to distribute methamphetamine, four counts of distribution of methamphetamine, one count of distribution of methamphetamine in or near school grounds, and one count of possession of a firearm with an obliterated serial number.
According to the indictment, Babauta conspired with other persons to distribute “ice” from June 2010 until Aug. 22, 2012, in one instance within 1,000 feet of a school.
In another instance, the defendant allegedly carried and used a Smith & Wesson .38 caliber revolver with an obliterated serial number during a drug transaction. He was also allegedly found in possession of a Colt .38 caliber revolver with a removed, altered, and obliterated serial number.