U.S. District Court for the NMI Chief Judge Ramona V. Manglona has delayed anew the sentencing of controversial Mohammed Jahangir Miah in order to get more information about his other criminal cases.
Manglona did not conduct the sentencing hearing on Friday and instead continued it to March 4, 2013 at 1:30pm.
The judge said she needs to see factual information to support the criminal history category factor.
Miah entered a guilty plea in August 2011 in connection with the driver's license scam case.
Miah's sentencing had been postponed several times for various reasons. His original sentencing date was Nov. 15, 2011.
Attorney Colin Thompson, counsel for Miah, told reporters after the hearing on Friday that Manglona wants to make sure that all factual information are submitted before sentencing.
Thompson said it was not that the defendant has “a new day” because the sentencing will be done in just a couple of weeks.
Thompson said his recommendation is to sentence Miah to three months in prison that the U.S. government originally agreed to in the plea agreement.
The U.S. government wants Miah to be slapped with a 10-month prison term for his role in a conspiracy to unlawfully produce driver's licenses.
Assistant U.S. attorney Stephen F. Leon Guerrero said in court papers that 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 said, during an evidentiary hearing on Sept. 20, 2012, Manglona held that Miah breached his plea agreement for his criminal conduct related to another criminal case.
\The prosecutor said Miah's criminal conduct occurred while he has pending sentencing.
In his report filed in court Thursday, U.S. Probation Officer Gregory Arriola stated that Miah has been complained of violating the conditions of his pretrial release.
Arriola also discussed the history of Miah's federal case and provided details of his other criminal cases that the Superior Court eventually dismissed.