U.S. District Court for the NMI Chief Judge Ramona V. Manglona does not want unnecessary delay in the sentencing of former U.S. Customs and Border Protection officer Bob Hajime Deleon Guerrero Yamagishi.
Manglona granted a joint motion by the U.S. government and Yamagishi’s counsel, Janet H. King, to continue the sentencing, but denied the request to set the sentencing for Nov. 30, 2015.
Manglona instead set the sentencing for Nov. 10, 2015, at 10:30am.
The U.S. government and Yamagishi’s counsel observed that because the initial presentence report was submitted less than 35 days before the scheduled sentencing date of Oct. 30, 2015, and that the final presentence report was submitted less than seven days before that date, sentencing cannot proceed on Oct. 30, today, unless Yamagishi waives those minimum periods.
Yamagishi does not want to waive the periods and requests additional time to prepare for sentencing, as does the U.S. government.
In her order issued on Wednesday, Manglona said the defendant has been in custody in this case since Oct. 7, 2015, when his pretrial release was revoked.
Manglona noted that in the presentence of an investigation report, to which neither party has objected, the probation officer finds that Yamagishi’s sentencing guidelines range is zero to six months imprisonment and that the defendant is probation-eligible.
Under the plea agreement, the judge pointed out, the U.S. government is bound to recommend a sentence at the low end of the guidelines range—that is zero months.
Manglona said the court of course, is not bound to accept that recommendation and may impose any sentence permitted by statute.
“However, it does not serve the ends of justice to delay unnecessarily the sentencing of a convicted person who is accumulating jail time when there is a realistic possibility that he will not be sentenced to serve any period of incarceration,” Manglona said.
Last Oct. 7, Manglona sent back to jail Yamagishi for using methamphetamine or “ice” while on pre-trial release.
Manglona revoked Yamagishi’s pre-trial release and remanded him into the custody of the U.S. Marshal pending sentencing.
Yamagishi pleaded guilty to two counts of fraud by wire after making illegal cash advance transactions on a travel charge card between July 4 and Aug. 7, 2014.
According to the indictment, the defendant as then-CBP officer, made illegal cash advance transactions 28 times in July 2014 and nine times in August 2014, for a total amount of $6,227.53.