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US govt seeks 30-year sentence vs ex-firefighter
The U.S. government will recommend a 30-year prison term for Richard Sullivan Benavente, a former firefighter who pleaded guilty to sexually exploiting a minor.
Assistant U.S. attorney Ross K. Naughton informed the U.S. District Court for the NMI on Monday that the U.S. government has reviewed the draft presentence investigation report prepared by the U.S. Probation Office.
Naughton said the U.S. government has no objection to the draft report.
The prosecutor also disclosed that they intend to seek the statutory maximum sentence of 30 years, regardless of what the applicable sentencing guidelines range would be.
Naughton did not elaborate.
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. He has yet to be sentenced.
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 -3443 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 -3443 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 -3443 SIM card during the Roberto trial.
Benavente asserted that he told the truth.
Chief Judge Ramona V. Manglona disagreed. Last October, Manglona determined based on all the evidence that Benavente lied in his testimony at the Roberto trial.
Manglona said the text messages are only consistent with Roberto using the number.
By giving false testimony at the Roberto trial, Benavente materially breached his plea agreement with the U.S. government, Manglona said.
Roberto used to serve as acting director of the CNMI Division of Fish and Wildlife.
