Probation wants 30-year jail term for ex-firefighter

The U.S. Probation Office has recommended the imposition of sentence of 30 years imprisonment on Richard Sullivan Benavente, a former firefighter who pleaded guilty for sexually exploiting a minor girl.

The 30-year sentence, or 360 months, is the same recommendation by the U.S. government against Benavente.

Attorney Michael W. Dotts, counsel for Benavente, said with the U.S. Probation’s recommendation of 360 months, the statutory maximum, he (Dotts) wants to address the issues carefully and thoroughly.

Dotts requested the U.S. District Court for the NMI to continue Benavente’s sentencing and extend time for filing sentencing memorandum.

U.S. District Court for the NMI Chief Judge Ramona V. Manglona on Tuesday granted Benavente’s request and ordered that the sentencing hearing currently set for Feb. 1, 2016, is continued to Feb. 22, 2016, at 9am.

Manglona extended the deadline for defendant to file his sentencing memorandum to Feb. 15.

Dotts said the U.S. government indicated that it does not oppose the motion.

The lawyer said the reason for this request is that the sentencing issues involved in this case are fairly complicated.

Dotts also stated that he currently has a supplemental brief due in two civil cases today, Jan. 29 that involves novel constitutional issues and requires extensive research.

Dotts said he needs more time to prepare the sentencing memorandum in Benavente’s case.

Assistant U.S. attorney Ross K. Naughton had earlier informed the court that they intend to seek the statutory maximum sentence of 30 years in this case, irrespective of what the applicable sentencing guidelines range is ultimately held to be.

In 2013, a federal grand jury indicted Benavente on several counts of sexual exploitation of a child. He cooperated with authorities and entered into a plea agreement with the U.S. government.

In February 2014, Benavente pleaded guilty to a count of sexual exploitation of a child.

On Sept. 9 and 10, 2014, Benavente testified at the trial of Raymond Roberto, who was charged with coercion and enticement of some of the same minors that Benavente sexually exploited.

At the trial, the prosecution presented evidence that Roberto used a prepaid SIM card with a number ending in x3443 to contact the girls for sex.

Testifying for the defense, Benavente testified that, from mid-June to July of 2013, he in fact used the x3443 SIM card to contact the minors.

Roberto was acquitted.

Because of Benavente’s testimony, the U.S. government asked the court to find him in breach of his plea agreement for allegedly lying about his use of the x3443 SIM card during the Roberto trial.

Last October, Manglona determined that Benavente lied in his testimony at the Roberto’s trial.

The judge said by giving false testimony at the Roberto trial, Benavente materially breached his plea agreement with the U.S. government.

Roberto used to serve as acting director of the CNMI Division of Fish and Wildlife.