Due to objections to the pre-sentence investigation report, the federal court on Tuesday postponed again the sentencing of Tyron Farley Reyes Fitial, a former detention guard who pleaded guilty to enticing an underaged girl.
He will now be sentenced on Nov. 30, 2011 at 9am.
Attorney Joseph Norita Camacho and co-counsel Michael Norita Evangelista had both objected to the pre-sentence investigation report prepared by the U.S. Probation Office.
Camacho pointed out that his client only pleaded guilty to enticing a minor but the pre-sentence report used allegations in two other charges to bolster Fitial’s sentence.
Evangelista told Saipan Tribune that the federal sentencing guidelines gives some fairness in how a defendant is sentenced, so similar offenses are sentenced within a certain range.
“That is all Tyron [Fitial] is asking, that he be sentenced according to the facts that he pled guilty [to],” Evangelista said.
Fitial’s original sentencing date was July 21, 2011.
Fitial, a former detention guard at the Juvenile Detention Unit, pleaded guilty in April to enticing a minor, but not the actual sexual penetration.
The Office of the Attorney General has filed in the Superior Court 11 criminal charges against Fitial over the same incident.