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Judge inclined to impose substantial prison term on ex-detention guard
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Posted on Jun 01 2012
By Ferdie de la Torre
Reporter
Reporter
U.S. District Court for the NMI Chief Judge Ramona V. Manglona intimated yesterday that she is leaning toward imposing a substantial prison term on Tyron Farley Reyes Fitial, a former detention guard who has pleaded guilty to enticing a minor.
Manglona continued the sentencing to Tuesday at 9:30am to allow the parties to submit briefs and recommendations.
Manglona began the sentencing hearing on Wednesday and continued it yesterday, where she announced that her recalculation of the sentencing range is between 108 months to 135 months.
The judge stated that she is still thinking of making an upward departure of the sentencing guideline range.
The U.S. Probation had determined that the sentencing range is between 87 months to 108 months.
Manglona increased the sentencing level under the guidelines’ vulnerable victim enhancement. The judge determined the vulnerability of the victim.
Manglona said the girl was susceptible to criminal conduct due to Fitial’s actions.
The judge cited that Fitial was the detention guard in position of authority over the girl’s brother at the time.
“Defendant used his position of authority when he took the phone of her [girl’s] brother,” Manglona said.
Manglona cited Fitial’s other criminal actions as disclosed by FBI special agent Haejun Park in his testimony.
In this case, Manglona said she finds Fitial’s act to be a form of sexual extortion.
With her findings, Manglona told the parties that she is willing to continue the sentencing to give them more time to submit briefs and recommendations.
Assistant U.S. attorney Clyde Lemons Jr. said he is ready to proceed with the sentencing. Defense attorney Michael Evangelista, counsel for Fitial, asked for extra time to look at the new grounds the judge has cited.
Fitial was accused of forcing three wards at the Juvenile Detention Unit to engage in sex acts. He pleaded guilty to enticing a minor, but not actual sexual penetration.
