Guam lawyer David J. Lujan has asked the federal court to move the sentencing of his client, former senator Juan M. Ayuyu, from this coming Friday to Feb. 14, 2014.
In a motion filed on Monday, Lujan said that Ayuyu received the final sentencing recommendations filed by the U.S. Probation Office only on Friday, Dec. 27. Lujan said he himself is currently waiting for the verdict in a criminal case in Guam.
“This motion is made in the interests of justice to enable the defendant to have effective assistance of counsel, and to ensure that the defendant’s constitutional rights are preserved,” Lujan said.
He said attorney Bruce Berline, counsel of Ayuyu in another case, and assistant U.S. attorney Garth Backe do not object to moving the sentencing.
Lujan is counsel for Ayuyu in the obstruction of justice and cell phone possession cases, while Berline is counsel for the former senator in the fruit bat case.
Last August, U.S. District Court for the NMI Chief Judge Ramona V. Manglona granted Ayuyu’s request for temporary release from custody while he awaits sentencing, which was then set for Nov. 8, 2013.
Ayuyu pleaded guilty in July to two charges relating to the smuggling of endangered fruit bats from Rota to Saipan. Subject to the court’s approval, he will receive a prison term between 33 months and 41 months.
On Sept. 30, 2013, Ayuyu (Ind-Rota) resigned as a member of the 18th Senate.