Ex-firefighter wants his 30-year sentence reduced

A former firefighter who is serving a 30-year prison sentence for sexually exploiting a child recently filed a motion to reduce his sentence, which the U.S. government has opposed.

Richard Sullivan Benavente, who pleaded to exploiting a minor in 2013, has filed a pro se (without a lawyer) motion to modify his 30-year sentence, pursuant to the recent 2023 Enactment and Sentencing Commission amendment that essentially amends the United States’ sentencing guidelines.

These amendments address the sentencing disparities in criminal history, including those with no criminal history.

To be exact, there were 10 amendments made by the commission that have expanded the criteria for sentence reduction. Some of those amendments provide a decrease of two offense levels for “zero-point offenders” or offenders with no criminal history.

This means if a person had “zero criminal history points” prior to their conviction and did not commit a disqualifying offense like sex offense, hate crimes, etc., then that person may qualify for a two-level reduction off the final offense level the court imposed on that person.

“Petitioner attests that he has suffered a constitutional violation, and it immediately qualifies him for sentence modification. His crime and conviction show no such violence, threat, or physical force and does not rise to the level of the congressional definition for violence despite its standing as a sex offense. Congress has authorized the courts to use their discretion where applicability exists, as was the case with Compassionate Release,” Benavente states.

Benvente further argues that, in his case, he meets the Sentencing Commission’s criteria for a two-point reduction as no other federal conviction remains on his criminal history.

However, the United States has filed a motion opposing Benavente’s motion, stating that he does not qualify for sentence reduction because he has not stated an extraordinary or compelling reason and does not qualify under the “adjustment for certain zero-point offenders” amendment because his conviction was a sex offense.

“The defendant has not alleged an extraordinary and compelling reason. He states that he meets the criteria because he has no other federal conviction in his history and no local infraction to rise to the list of the commission’s exclusion. The lack of other federal convictions is not extraordinary nor compelling,” said assistant U.S. Attorney Ashley Kost.

“Because Benavente was convicted of a sex offense and thereby does not qualify for the adjustment, there is no need for further consideration of the factors,” Kost added.

Also, whether or not Benavente qualifies for a reduced sentence, there’s still the issue of the seriousness of his crime and the government believes that Benavente’s current sentence of 30 years reflects the severity of his crime, Kost further argues.

“The application of those factors and public safety also supports the denial of his motion. Benavente’s conviction of sexual exploitation of children is a very serious offense. The nature and the circumstances of the offense are very troubling and included providing methamphetamine to minors and exploiting them while they were under the influence,” Kost said. “Furthermore, the sentence must be a deterrent to other criminal conduct and protect the public from further crimes of the defendant. The sentence of 360 months in this case meets all those requirements.”

According to Saipan Tribune archives, the Department of Public Safety received an anonymously sent video file in July 2013 depicting Benavente and a minor girl engaging in sexually explicit conduct.

In 2013, a federal jury indicted Benavente on several counts of sexual exploitation of a child. In February 2014, Benavente pleaded guilty to a count of sexual exploitation. He was sentenced to 30 years imprisonment.