Man in drug case re-sentenced • Error in investigation report cuts prison term to 3 years

A Saipan man earlier sent to five years in prison on drug conviction was re-sentenced yesterday in the U.S. District Court following an error in the investigation report prepared by the probation’s office to determine the offense level.

Juan W. Torres, 48, will now spend only three years in jail after Judge Alex R. Munson handed down a much lighter sentence, although higher than prosecution’s recommendation of 36 months.

Mr. Torres had pled guilty to one count of conspiracy to possess with intent to distribute crystal methamphetamine or “ice” and one count of possession with intent to distribute the controlled substance.

In his sentencing last month, Judge Munson ignored the recommendation from Assistant District Attorney David T. Wood of 30 months jail time for the two charges, noting Mr. Torres’ 1992 drug conviction.

Likewise, the pre-sentencing report by the probation officer put his offense at a higher level with heavier penalties.

But Mr. Wood and defense counsel Perry B. Inos noticed the error in the report which affected the calculations of the defendant’s base level offense under the sentencing guidelines, according to court documents.

Judge Munson then re-sentenced Mr. Torres to 36 months for each count to run concurrently — a term still higher than the recommendation by both the prosecution and the defense.

He also ordered him to be placed under supervised release of eight years, which will begin immediately. Mr. Torres is currently free on bail while a place for his incarceration is still being identified.

His sentence also included mandatory drug treatment program, 300 hours of community service, assessment fee of $200 for the two counts, a no fine.

The defendant was arrested in a buy-bust operation conducted by the joint DEA/CNMI Task Force in May last year in which he was asked by a cooperating witness for “ice.”

But Mr. Torres, whom Mr. Wood said was a user and a dealer of the illicit drug, directed the person to Nicholas C. Pinaula who provided two plates of “ice” for $50, according to court documents.

Mr. Pinaula told the witness of the joint task force that he had run out of “ice” and told the person to wait. He then walked over to Mr. Torres and returned with three plates of “ice.”

Charged by the district attorney at the same time with Mr. Torres, Mr. Pinaula was sent last month to 18 years imprisonment.