The U.S. Court of Appeals for the Ninth Circuit denied yesterday two petitions for rehearing of a motion for sentence reduction requested by former businessman Bert Douglas Montgomery, who was handed a 20-year prison sentence in 2003 for his role in a conspiracy to defraud the Bank of Saipan.<\/p>\n
Ninth Circuit Judges William C. Canby Jr., A. Wallace Tashima, and Michelle T. Friedland said the panel has also voted to deny Montgomery\u2019s petition for panel rehearing.<\/p>\n
Canby, Tashima, and Friedland said the full court has been advised of Montgomery\u2019s petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter. <\/p>\n
An en banc refers to a session in which a case is heard before all the judges of the court. A panel hearing is heard before the court\u2019s selected judges.<\/p>\n
The Ninth Circuit judges also denied Montgomery\u2019s motion challenging the constitutionality of the U.S. Sentencing Guidelines.<\/p>\n
\u201cNo further filings will be entertained in this closed case,\u201d the judges said.<\/p>\n
Last December, the 9th Circuit affirmed the U.S. District Court for the NMI\u2019s order that denied Montgomery\u2019s motion to have his sentence reduced.<\/p>\n
Montgomery appealed pro se or without a lawyer.<\/p>\n
In December 2013, then-U.S. District Court for the NMI Chief Judge Alex R. Munson imposed a 20-year prison term on Montgomery for a count of conspiracy to commit wire fraud, two counts of wire fraud, and one count of wire fraud: deprivation of honest services, one count of money laundering conspiracy, and three counts of money laundering.<\/p>\n
Munson ordered Montgomery to pay jointly with his two co-defendants $5.2million in restitution to Bank of Saipan and $109,980 to Michelle Hom, a bank customer.<\/p>\n
One of Montgomery\u2019s co-defendants killed himself in August 2003.<\/p>\n","protected":false},"excerpt":{"rendered":"
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