The U.S. government wants Mohammed Jahangir Miah to be slapped with a 10-month prison term for his role in a conspiracy to unlawfully produce driver's licenses.
In court papers filed Tuesday, assistant U.S. attorney Stephen F. Leon Guerrero said the 10-month sentence is appropriated based on Miah's lack of acceptance and responsibility and his obstruction of justice.
Leon Guerrero said a defendant who engages in new criminal conduct prior to sentencing should not be given the benefit of acceptance of responsibility.
In this case, Leon Guerrero cited U.S. District Court for the NMI chief judge Ramona V. Manglona's determination on Sept. 20, 2012, that Miah breached his plea agreement for his criminal conduct related to another criminal case.
The prosecutor said Miah's criminal conduct occurred while awaiting sentencing.
“As a result, Miah should not be given the two-level decrease for acceptance of responsibility,” he said.
In this case, Leon Guerrero said, Miah also lied to a U.S. probation officer during his initial interview.
“Miah's failure to be forthright is also indicative of his failure to fully accept responsibility for his criminal actions,” the prosecutor said.
Miah pleaded guilty in August 2011. His sentencing hearing was postponed several times for various reasons.
In July 2012, the U.S. District Court for the NMI acquitted Miah for lack of corroborating evidence in a case of conspiracy to forge stale CNMI tax refund checks.
In October 2012, police arrested Miah for allegedly receiving stolen items belonging to William S. Reyes Elementary School.
Superior Court Associate Judge Perry B. Inos, however, dismissed the charges after finding no probable cause to warrant the filing of the case.
Early last month, police arrested Miah again for allegedly receiving a stolen video camera.
It turned out, however, that the camera belonged to the police and was never stolen after all.
As a result, Superior Court associate judge Kenneth L. Govendo dismissed the case.
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