l Fi·f~ED
a
2 a Qt ct:>tJ1~1~
i~lmr:tT"l mum'
3 g 5l8= 29
. f6"*L~'8"*» 3 -§?
4 ii£ :
Ht '** »is**»,.
pi--r' * =-'*~1=
uag§ g ;§_¢»
I" * Q
i "f"* Q w ~§°§;\5: ~.1.»-"I
5 "*5'§=.Z
6 IN THE THE SUPERIOR
SUPERIOR COURT
COURT OF
OF GUAM
GUAM
7
8 PEOPLE OF OF GUAM,
GUAM,
CRIMINAL CASE no.
NO. CF0332-23
CF0332-23
9 vs.
10 10 DECISION DECISION AND ORDER
11 ERIC ANTHONY DAVIS, ANTHONY DA VIS,
12 Defendant.
13 13
14 14 INTRODUCTION
15 15 This This matter theHonorable matter is before the HonorableVernon VernonP.
P.Perez
Perezon
onDefendant
DefendantEric
EricAnthony
Anthony Davis's
Davis's
16 16 ("Defendant") Motion to ("Defendant") Motion to Determine Sentencing Determine Sentencing .Range . Range forforViolations
Violationsofof99 G.C.A.
G.C.A. §§
17 17 67.401.1.
. 1.Deputy
DeputyPublic
Public Defender
Defender John
John P. Mon*ison representsDefendant Morrison represents Defendantand andAssistant
AssistantAttorney
Attorney
18 General O'Neil represents General Kathleen O'Neil represents the People of Guam ("the ("the Government").
Government"). Having reviewed 19 19 the pleadings, pleadings, the arguments presented,and arguments presented, andthe therecord,
record,the
theCourt
Courtnow
nowissues
issuesthe
thefollowing
following
20 20 Decision Decision and and Order.
21 BACKGROUND
22 22 On May
May 18,
18, 2023,
2023, Defendant was indicted with one Defendant was one count of of Possession
Possession with
with Intent
Intent to
23 23 Deliver Deliver aa Schedule Schedule II
II Controlled
Controlled Substance (As a First Degree Substance (As Degree Felony)
Felony) and one count
and one count of
24 Possession Possession of a Schedule II II Controlled
Controlled Substance (As aaThird Substance (As Third Degree DegreeFelony).
Felony). (Indictment, May (Indictment, May
25 18, 2023). Both 18, 2023). B9th felony felony charges
charges also have
have an
anattached
attachedNotice:
Notice:Commission
Commissionof
ofaaFelony
FelonyWhile
While on
26 26 Felony \ FelonyRelease.
Release. Id
IdThe charges
The chargesstem
stemfrom
fromallegations
allegationsthat
thatDefendant
Defendantwas
was in
in possession of seven
27 27 (7) resealable baggies containing containing 2.47
2.47 gross
gross grams
grams of
ofsuspected
suspected methamphetamine along with methamphetamine along with 28 28
People v.
v, Davis
Case No.
No. CF0332~23
CF0332-23
Decision Decision and Order
Page 11 of
of99
1 other drug paraphernalia after the dog paraphernalia the execution execution of
of aa traffic
traffic stop
stop on
on or
orabout
aboutMay
May 10,
10,2023.
2023. (Deel.
(Decl. of
of
2 Renaida Z. San Nicolas, Nicolas, Magistrate's
Magistrate's Compl.,
Con pl., May
May 11,
ll, 2023). .
3 October 18, 2024, Defendant On October Defendant filed the instant Motion. On On Oct ober 31§
October, 31; 2024,
2024, tthe
4 Government filed Government filed its Response. On On November
November8,8, 2024,
2024, Defendant
Defendant tiled
filed his Reply.
5 November 19, On November 19, 2024,
2024, the
the Court
Court heard
heard arguments
arguments on the
the Motion
Motion and
and subsequently
subsequently
6 placed the matter under under advisement.
7 DISCUSSION 8 At At issue before the
issue before the Court
Court is the applicable
is the applicable sentencing sentencing range
range for
for violations
violations of
of 99 G.C.A.
G.C.A. §§
9 67.401.1. There is 67.401.1. is no dispute dispute as
as to the
the sentencing
sentencing range
range applicable
applicable for the Second Charge of of
10 10 Possession of a Schedule H Possession II Controlled Substance (As a Third Degree Felony) or the Notice:
Substance (As
11 Commission of Commission of aFelony FelonyWhile
WhileononFelony
FelonyRelease
Releaseset
setforth
forthin
in the
the Indictment. As
Asan
aninitial
initial matter,
..
12 12 the Court acknowledges that Public Public Law
Law 37-113
37-113 was
was signed
signed into
into law
law on July
July 22,
22, 2024.
2024. Public
13 13 Law Law 37-113, amended 99 G.C.A.
37-113_ amended G.C.A. §§ 67.401.4(a)
67.40l.4(a) by
by addi~g
adding sentencing
sentencing guidelines
guidelines based
based on
on purity
purity
14 14 weight of and weight of controlled controlled substances
substances (fentanyl, fentanyl fentanyl analogue,
analogue, and methamphetatnine)
methamphetamine) and
15 15 removed removed the the applicability of Safety Valve of the Justice Safety Valve Act.
Act. This Decision
Decision and
and Order
Order only applies
applies
16 16 to violations violations of ofsection
section67.401 .1 prior to the enactment 67.401.1 enactment of of Public Law 37-113.
17 17 Statutory interpretation Statutory interpretationisis aa legal legal question
question and
and the
the Court's
Court's inquiry begins with the inquiry begins
18 18 language of statute. "The of the statute. "The plain plain meaning
meaning will
will prevail
prevail where
where there
there is
is no clearly stated legislative 19 19 intent to the contrary." People People v.
v. Robert,
Robert, 2019
2019 Guam 2 11 10 (citing ,i 10 (citing Data Mgmt.
Mgmt. Res., LLC v.
Res., LLC v.
20 Office of Ojice ofPub.
Pub. Accountability, 2013 Guam 27 1117).
,i 17). "[I]n
"[I]n determining
determining legislative intent, 1ntent, aa statute
21 should be read as a whole, should whole, and therefore, courts courts should
should construe
construe each
each section
section in conjunction
conjunction with
22 other .sections."
sections." Data
Data Mgmt.
Mgmt. Res.,
Res., LLC
LLC v.
v. O#
Off ofofPub.
Pub. Accountability,
Accountability, 2013
2013 Guam 27
27 11
,i 17
17
23 23 (quoting Sumitomo itomo Cons
Constr. CO. v.v..Gov
tr. Co. -Gov 't't of
of Guam,
Guam, 2001 Guam
Guam23
2311
,i 17). See also Amerault Amerault v.
v.
24 lntelcom Intercom Support Serve., Servs., Inc.,
Inc., 2004 Guam 23 ,i 14
23 11 14 ("In
("In determining
determining the
the plain
plain meaning
meaning of a
25 statutory provision, we look to the the meaning
meaning of the
the entire
entire statutory
statutory scheme
scheme containing
containing the provision
provision
26 for guidance."). , .
27 27 In this case, the Government argues argues that Defendant should be sentenced sentenced pursuant to 99
I
28 G.C.A. §§ 67.401.4(a)
G.C.A. 67.40l.4(a) and and subj et to
subject to~a sentencing
sentencing range
range of
of twenty
twenty to thirty years
to thirty years of
of imPirisonment,
imprisonment,
1li
People v.
v. Davis
Case No.
No. CF0332-23
CFQ332-23
Decision Decision and and Order
Page 2 of 9
1 while Defendant while Defendant.argues he he should
should be
be sentenced
sentencedpursuant
pursuantto
to 99 G.C.A.
G.C.A. §§ 67.401.4(e)
67.401.4(e) and
and subj act to
subject to
2 a sentencing range of sentencing range of zero to five five years
years ofofimprisonment
imprisonment as
(;l.S he
he does
does not
not have
have any
any prior
prior drug
drug
3 convictions. Section Sectiqn67.401
67.401.4 is entitled Prison'Terms for for Drug
Drug Offenders
Offenders and
and sets
sets forth various
4 sentencing provisionsfor sentencing provisions for aadefendant defendantconvicted
convictedof
ofviolating
violating99G.C.A.
G.C.A. §§ 67.401.-1,.Possession 67.40l.»l,Possession for
for
5 Illegal Illegal Delivery, Delivery, Dispensing
Dispensing ororManufacturing.
Manufacturing. SeCtion 67.401.4 in.eludes Section 67.401.4 includes fifteen fifteen (15)
(15)
6 subsections wtthinitit (67.401.4(a)-
subsections within (67.40l .4(a) --67.401.4(0)).
67.40l.4(o)). Each
Eachofofthese
these,.subsections
.. subsections provides
provides sentencing
7 guidelines depending depending on
on the
thefactors
factorsof
of the
the case,
case,with
withthe
theexception
exceptionof
ofsection
section67
67.40l.4(k)
.40 l .4(k) which
8 repealed by was repealed by P.L.
P.L. 35-005 (Apr. 4, 2019);
35-005 (Apr. 2019). ·The TheCourt
Courtfinds
finds ititappropriate
appropriate to consider
consider section
9 67.40l.4(a)
67.401.4(a) within withinthe
the broader
broader statutory scheme. SeeData scheme. See Data Mgmt.
Mgmt. Res.,
Res., LLC,
LLC, 2013 Guam 271117,
i-117;
10 10 Amerault, 2004 Guam Guam23. i1 14.
23 1114.
11 Defendantis Defenda~t "is charged
charged with
with possessing
possessing aa Schedule
Schedul~ II Controlled
Controlled Substance
Substance with intent to
12 deliver. Schedule deliver. II Controlled Substances Schedule II arelisted Substances are listedin
inAppendix
Appendix BB o_f
of the
the Guam
Guam Uniform
13 Controlled Substances;
Controlled Substances Act Act ("GUcSA").'1 See
("GUCSA"). See 99 G.C.A.
G.C.A. §§67.205
67.205 (2022)
(2022) ("Unless
("Unless specifically
specifically
14 14 excepted by Guam or or'Federal law, or Guam ot or Federal regulation, or edetal regulation, or more more specifically
specifically included
15 15 in another schedule, schedule,Schedule
ScheduleIIII controlled
controlled substances
Substancesare
arelisted
listed'
inin AppendixB
Appendix ofthis
B of thisAct.").·Not
ACt.").
16 16 all Schedule Schedule II Controlled
ControlledSubstances are narcotic Substances are narcotic drugs drugsunder
underthe
theGUCSA.
GUCSA. The GUCSA sets
sets
17 Narcotic drug forth that Narcotic drug means meansany
anyof
of the
thefollowing,
following, however
however manufactured:
manufactured:
18 18 (1) Opium, Opium, opium
opium derivative
derivative ahaand any
any derivative
derivative..ofof either,
either, including
including any
any salts,
salts,
isomers and
and salts
saltsof
of isomers
isomers of them that that are.
are theoretically
theoretically possible within the 19 19 specific specific chemical
chemical designation,
designation, but not isoquinoline alkaloids of of opium, opium;
20 20 (2) synthetic opiate and (2} synthetic opiate and any derivative derivative of synthetic- opiate, including any of synthetic opiate, including any isomers, isomers,
esters, ethers/salts, and salts of isomers, esters, and esters, ethers/salts, and salts of isomers, esters, and ethers of ethers of them that are are
21, 21_ theoretically possible within within the specific
specific chemical designation, designation;
22 (3) poppy straw and concentrate poppy straw and concentrate_ of poppy straw, .
straw;
23 (4)
4) coca
cocaleaves,
leaves,except
exceptcoca
cocaleaves
leavesandand extracts of coca leaves from which cocaine, ecgonine and derivatives of ofecgonine, ecgonine, or or their
their salts,
salts, have t,een
been removed;
removed, -
24 (5) 5) cocaine,
cocaine, or
orany
any salt,
salt, isomer or salt of of isomer ofof cocaine, cocaine;
25 (6)
6) cocaine
cocaine base,
base;
(7) ecgonine,
ecgonine,or orany
any derivative,
derivative,salt,
salt, isomer
isomer or or salt
salt of
ofisomer'
isomer of ecgonine,
ecgonine; and
and
26 26
27 1 Methamphetamine andamphetamine aMphetamineare
arelisted
listedasasstimulants
stimulants under Appendix Methamphetamine and B.B.See See 99 G.C.A.
G.C.A. Chapter
Chapter 67,
1 under Appendix 67, 28 Appendix B(C)(l)
Appendix B(C)(1) & (2) (2022).
(2022) .
People v.
v. Davis
Case No. CF0332-23 Case No. Decision Decision and and Order
Page Page3 of9
(8) compound, mixture or compound, mixture preparation containing or preparation any quantity containing any of a substance listed quantity of
1 in this Paragraph. - .
2 99 G.C.A.
G.C.A. § 67.lOl(u) (2022). Thus, Thus, under
under the
the GUCSA,
GUCSA, aa Schedule
Schedule II
II Controlled
Controlled Substance
Substance can
can
3 be a narcotic or a non-narcotic drug.
4 67.401.4(a) provides
Section 67.40l.4(a) is convicted provides that any person who is of an convicted of offense pursuant an offense to
pursuant to
5 67.401.1 of the 67.401.1 GUCSA shall be sentenced as follows:
the GU
6 Ifhe
he is guilty of an offense pursuant pursuant [to]§
[to] § 67.401.l(b)(l)
67.40l.l(b)(l) of
of this
this Act,
Act, he
he shall be
shall be
7 sentenced to imprisonment for not imprisonment for not less less than twenty (20) nor (20) nor more than
than thirty (30)
r s, and
years, nd may, in addition, a ddition, be fined not more than Fifty Thousand fined not mor e tha n Fifty T housa nd Dolla Dollars
r
s8 ($50,000). The ($50,000). sentence shall include a The sentence shall include a special special parole term of not of not less than three
9 (3) years, years, in addition to such term of imprisonment. Imposition or execution of addition to such term of imprisonment. Imposition of 10 such sentenceshall not be shall not suspended and be suspended probation shall not be and probation granted. Parole or be granted.
work release shall not work not be granted to the offender served at least twenty offender until he has served 11 11 (20) years of his sentence of imprisonment.
his sentence
12 99 G.C.A.
G.C.A. §§ 67.40l.4(a) (2022). As 67.401.4(a) (2022). As Section Section 67.40l.4(a)
67.401.4(a) references section 67.401.l(b)(l), references section 67.40l.l(b)(l), it it
13 13 applies to Schedule applies to Schedule I,I, II, II, or
or III
III Controlled
Controlled Substances.
Substances. See
See 99 G.C.A.
G.C.A. §§ 67.401.l(b)(l)
67.40l.l(b)(l) ("Any
("Any
14 14 violates subsection
person who violates (a) with subsection (a) respect to aa substance with respect Schedule I,I, II, or III substance classified in Schedule 15 15 degree and
first degree
the first
of the
felony of
guilty of a felony
shall be guilty shall shall not and shall be eligible not be for work eligible for work release or release or
16 16 Of prison.").
educational programs outside the confines of 67.40l.4(a), however, is not the prison."). Section 67.401.4(a), 17 17 subsection addressing
only subsection ScheduleI,I, II, addressing Schedule or III Controlled II, or Substances2 for intent to deliver cases, Controlled Substancesz
18 18 and the Court finds that i_t cannot be it cannot read in
be read isolation. Section 67 .401l .4(b)
in isolation. contemplates violations .4(b) contemplates violations 19 19 of section 67.40l.l(b)(l) for those 67.401.l(b)(l) for with prior those with convictions for prior convictions narcotic drugs for narcotic provides aa drugs and provides
20 sentence sentence of oflife imprisonment
imprisonmentwithout
withoutthe
the possibility
possibilityof
ofparole.
parole. 99G.C.A.
G .C.A.§67.40 l l (b
§ 67.401.1 (b)(l)
)(1) (2022).
(2022).
- -
21 Section 67.401.4( Section 67.40 provides that e) provides
l .4(e) any person that any who is convicted of person who pursuant to 67.401.1 of an offense pursuant
22 22 sentenced as
of this Act shall be sentenced follows::
as follows
23 If he is guilty of an offense involving a controlled substance listed in Schedule I If
24 or II of this Act which is not which is' narcotic drug not aa narcotic or aa controlled drug or substance listed in controlled substance
Schedule III of he shall of this Act he of imprisonment of shall be sentenced to a term of of not 25 more than five (5) years and may be fined not more than Fifteen Thousand Dollars 26 26
27 27 · 2 Schedule Schedule IVW Controlled
Controlled Substances
Substances are G.C.A.§§ addressedinin99G.C.A.
areaddressed §§67.401.4(g)
67.40l.4(g) and
and (h).
(h). Schedule .V Controlled Schedule V Controlled
28 Substances areaddressed Substances are addressedinin99G.C.A.
G.C.A. §§
§§ 67.401.4(i)
67.401.4(i) and
and Q).
(j).
People People v. Davis Davis
Case No.
No. CF0332-23
Decision Decision and Order
Page Page 4 of
of99
($15,000.00). The ($l5,000.00). Thesentence sentenceshall
shallinclude
includeaaspecial
special parole
parole term
term of
of not less than two
1 (2) years in addition to such term term ofof imprisonment.
imprisonment. Imposition
Imposition or execution ofof such 2 2 sentence shall not be suspended and probation shall not be granted. ._- 3 3 9 9 G.C.A.
G.C.A. §§67.40l.4(e)
67.401.4(e)(2022)
(2022)(emphasis
(emphasis added).
added). This section
section clearly
clearly refers.
refers to sentencing
sentencing
4 provisions for for non-narcotic
non-narcotic SchedUle
Schedule II and
and IIIIControlled
ControlledSubstances.
Substances. Section 67.401.4(f)
4 67.401.4(f) 55 contemplates contemplates offenses offenses of G.C.A. §§67.401.1 of9 G.C.A. 67.401.1 involving involving Schedule
Schedule II or
or II non-narcotic drugs
II non-narcotic where drugs where
6 6 the offender has a prior drug conviction and sets forth that they may be sentenced sentenced up to ten,(10)
(10)
7 7 YcaIls.33 years.
8 8 Viewing 99 G.C.A.
Viewing G.C.A. §§ 6'7.401.4 in its 67.401.4 in its antirety,. the Court entirety, the Court concludes concludes that-subsections that (a),
(a), (b),
(b),
9 9 (c) and (d) refer refer to
to violations
violations involving
involving narcotic
narcotic drugs. For
Forexample
examplesection
section67.401
67.401.4(d) sets forth
10 that that "[t]he "[t]he imposition
imposition of aa minimum
minimum term
term ofofiMprisonment
imprisonment and
and the
the prohibitions
prohibitions against
10 against 11 suspension of of sentence and requirement for service of a minimum term of 11 of imprisonment prior to 12 12 granting parole as prescribed by Subsections Subsections (a),
(a), (b) and
and (c)
(c) of
of this Section shall not apply in 13 13 the case the person whom of aa person
case of whom the the court
court determines
determines violated§
violated 67.401 . l(a) of 67.401.l(a) of this
this Act
Act for the primary
primary
14 purpose of of enabling him to obtain a narcotic drug which he requires requires for his personal use 14 use 15 15 because of of his
his addiction
addiction to
to such drug."_ 99 G.C.A.
such drug."j G.C.A. §§ 67.40l.4(d)
67.401.4(d) (2022)
(2022) (emphasis
(emphasis added).
added).
16 Section 67.401.4(m) also provides 67.401.4(m) also provides that that narcotic
narcotic drug
drug offenders
offendersmay
mayqualify for a reduction of 16 of 17 "twenty percent (20%) of the minimum term established by law of 17 their sentence up to ''twenty of a person 18 18 sentenced sentenced pursuant pursuarit to Subsections (a), (b) or (c)" if the Subsections(a), the Court, Court, after
after consultation
consultation with the Attorney Attorney
19 19 General "finds "finds such
such person
person was a pusher _and
and if such pusher
pusher offers
offers credible
credible and
and necessary
necessary evidence
20 20 as to the identity of of his supplier, supervisor, .or asto or as tothe
thesource
sourceof
ofhis
hissupply
supplyof
ofdrugs."
drugs." 9 G.C.A.
21
22 33 Section 67.401.4(f)
67.401.4(t) provides that:
that: .
23 23 If If he is guilty of
of an
an offense
offense involving
involvip.g aa controlled
controlled substance listed in Schedule listed in Schedule II oror II Ii of
of this Act
this Act
24 which is not a narcotic drug or a controlled substance in Schedule Schedule III
III of
of this
this Act
Act and
and if he has
ifhe been
has been
convicted of one (1) or more prior offenses punishable under convicted of one ( 1) or more prior offenses punishable under tl).e the provisions of of Subsection ( e) of this Subsection (e) of this 25 Section, a felony under any any provision provision ofof this
this Act,
Act, any
any law
lawofofthe
the United
United States,
States, aa state
state oror foreign
foreign
jurisdiction relating jurisdiction relating toto narcotic narcotic drugs
drugs or
or depressant
depressant or
or stimulant
stimulant substances
substances andand one
one toto aa term
term ofof
26 imprisonment of of not more than more than ten (10) years and, in addition, may.be fined not more than may_be fined not more than Thirty Thirty Thousand Dollars ($30,000.00).
($30,000.00). The sentence shall include aa special parole term special parole term of of at
at least two (2)
least two (2.)
27 addition to
years in addition to such term ofof imprisonment.
28 99 G.c.A.
G.C.A. §§ 67.401.4(r)
67.401.4(t) (2022).
(2022).
People v.
v. Davis
Case No.
No. CF0332-23
Decision Decision and and Order
Page. Page_ 55 of9 1 § § 67.40l.4(m)
67.401.4(m) (2022). Additionally, in sections (2022). Additionally, 67.40l.4(i) and sections 67.401.4(f) and 67.40l.4(h), 67.401.4(h), the
the Legislature
Legislature
2 · acknowledges there is differentiation in certain types acknowledges types of of drugs,
drugs, with
with the
the.law
law referencing
referencing "narcotic
"narcotic
3 drugs drugs or'
of depressant or stimulant depressant or stimulantsubstances."
substances."9 9G.C.A.
G.C.A. §§
§§ 67.401.4(t),
67.401.4(f); 67.401.4(h)
67.401.4(h) (2022)
(2022)
4 emphasis added).
(emphasis
5 sum, Defendant In sum, Defendant is
1s accused
accused in
in this
this matter
matterofofpossessing
possessingananamphetamine-based amphetamine-based
6 substance with substance with intent intenttotodeliver.
deliver. Section 67.lOl(u)
l01(u) plainly
plainly does
does not
not categorize
categorize methamphetamine methamphetamine
7 or or amphetamine asnarcotic amphetamine as narcoticdrugs.
drugs.See
See99G.C.A.
G.C.A. §§ 67.lOl(u)
67.l0l(u) (2022)-
(2022) ..Methamphetamine
Methamphetamine and
and
8 amphetamine are amphetamine are classified as as Schedule
Schedule IIIICOntrolled Substances. See Controlled Substances. See 99 G.C.A.
G.C.A. §§ 67.205,
67.205;
9 Appendix B(c)
Appendix (2022). InInreading B(c}(2022). readingthe thestatute
statute as
as a whole, see
see Sumitomo
itomo Constr. Co., 2001
2001 Guam
Guam
10 10 23, because methamphetamine and amphetamine are are not
not listed
listed as narcotic drugs, as narcotic drugs, the applicable 11 11 sentencing provisions for possession with intent sentencing provisions to deliver a non-narcotic intent to schedule II non-narcotic schedule II Controlled
12 12 Substance arefound Substance are foundinin9 9G.C.A.
G.C.A.§§67.401.4(e)
67.40l.4(e) and
and 99G.C.A
G.C.A §
§ 67.401.4(f).
67.401.4(f). Therefore,
Therefore, the
the Court
Court
133 1 finds it clear finds it plain reading under aa plain
clear under reading of of the statutethat
the statute that99G.C.A.
G.C.A. §
§ 67.401 .4(e) applies
67.401.4(e) applies to
to violations
violations
14 14 of of 99 G.C.A.
G.C.A.§ §67.40l.l(a)
67.401.l(a)involving an an involving amphetamine-based amphetamine-basedsubstance substanceorormethamphetamine, methamphetamine, aa
15 15 non-narcotic drug, non-narcotic drug, for for offenders
offenders with no prior
prior drug
drug conviction(s).
conviction(s). Title 99 G.C.A.
G.C.A. section
section
16 16 67.40l.4(f)
67.401.4(f) applies applies to
to violations of 99 G.C.A.
violations of G.C.A. § §67.401.l(a)
67.401.l(a)involving
involvingananamphetamine based amphetamine-based
17 17 substance ormethamphetamine, substance or methamphetamine,aanon-narcotic non-narcoticdrug,
drug,for
foroffenders conviction.4 offenders with a prior drug conviction.4
18 18 The Court Court also
also notes
notes that
that this
this interpretation is in line with with the
the Legislature',s
Legislature'.s sentencing sentencing
19 19 set forth guidelines set forthfor for importation
importationof
of aacontrolled
controlledsubstance.
substance.Under.the
UndertheGUCSA,
GUCSA, importation of
of
20 20 a Schedule Schedule I,I, II Controlled Controlled Substance Orany Substance or anynarcotic
narcoticdrug
druglisted
listedininSchedules
SchedulesIII,
III,IV
W or
or V
V is aa
21 First Degree Felony.
First Degree Felony. 9 9 G.C.A.
G.C.A. §§ 67.60l(a)
67.601(a)(2022).
(2022).The
Thesentencing
sentencingprovision
provision for
for importation of
importation of
22
23 4 The Court finds that subsection(f)
that subsection (f) is not restricted restricted to to those
those who
who have
have previous
previous convictions
convictions for Possession Possession of of a
a
24 Schedule II Controlled Substance withIntent IntenttotoDeliver.
Deliver. Section
Section 67.401.4(f)
67.401.4(f) applies
applies ififaadefendant
defendant "has
Schedule II Substance with "has been been
convicted of convicted ofone one (1)
(1)or
ormore
moreprior
prioroffenses
offensespunishable
punishable underunderthe provisionsof theprovisions of Subsection Subsection((e) of this Section, e) of Section, a felony felony
25 under anyprovision under any provision of this Act, anyany law of ofthe the United
United States,
States, aa state foreign jurisdiction state or foreign jurisdiction relating relating to
to narcotic
narcotic drugs
drugs
26 or depressant depressant or or stimulant stimulantsubstances
substances andandone (1)(1)orormore one moreofofthe theconvictions
convictionsare final..." 9 arefinal. G.C.A. §§ 67.40l.4(f)
9 G.C.A. 67.401.4(f)
(2022). The TheCourt
Courtfinds
findsititclear
clearthat
thatthethequoted
quoted portion
portion isis phrased
phrased as as a list,
list, where
where in addition to "prior offenses addition to
27 punishable under the provisions of Subsection (e) of this Section," convictions punishable under the provisions of Subsection (e) of this Section;" convictions for a felony for a felony "under any provision any provision of of
this Act" (the this (the Guam Guam Uniform
Uniform Controlled
Controlled Substances
Substances Act) Act) or "any law of or "any ofthe
the United
United States,
States, a state of foreign state of foreign
28 jurisdiction relating to jurisdiction relating to narcotic narcotic drugs
drugs oror depressant stimulant substances"
depressant or stimulant substances"may alsocause mayalso causesubsection subsection(f) (f) to
to apply.
apply,
People v.
v. Davis
Case No.
No. CF0332-23
Decision Decision and and Order
Page 6 of
of9
1 a "controlled substance other than substance other thanaanarcotic narcotic drug listed in Schedules SchedulesI,I,II,
II,III,
III, IV
W or W shall
or IV shall be
be
2 2 imprisoned for not imprisoned for thanthree lessthan
not less three(3)
(3)years
yearsnor
normore
morethan
than (10)years."
(10) years."99G.C.A.
G.C.A. §§67.401 .9(b)(3)
67.401.9(b)(3)
3 (2022)
(2022) (emphasis (emphasis added).
added). In
In contrast, the sentencing contrast, the range for importation sentencing range importation of controlled controlled
4 substances thatare substances that are narcotic narcotic drugs
drugs is twenty
is twenty to to
(20) (20) thirty
thirty (30)
(30) years.
years. 99 G.C.A.§ §67.401.9(b)(l)
G.C.A. 67.40l.9(b)(l)
5 (2022).
6 The Government Government argues
argues that Defendant ''urges "urges the Court to impose aa sentence of the range
7 punishthat which would punish thatoffense offenseless
lessseverely
severelythan
thanaasimple
simplepossession
possessionconviction."
conviction." (Opp'n
(Opp'n at
at
8 TheCourt 2). The Courtnotes, notes,however,
however,that
thatgenerally,
generally,defendants
defendants charged
charged with
with Possession
Possession of
ofaa Schedule
Schedule
9 II Controlled Controlled Substance any prior Substance without any prior drug drugconviction(s)
conviction(s) or
or Other disqualifying charge(s) are other disqualifying are 10 10 eligible eligible for for deferred
deferred probation
probation and entry into
and entry into Adult
Adult Drug Early Intervention (formerly· Drug Court or Early (formerly
11 11 Adult Adult Drug Court III)
IH) where their cases will ultimately be dismissed and cases will andexpunged.
expunged. See,
See, e.g.,
e.g., 99
12 12 G.C.A.
G.C.A. §§67.412 67.412 (2022).
(2022). Title
Title99G.C.A.
G.C.A.section
section67.40l.4(d)
67.401.4(d)also
alsoprovides
providesthat
that the
the imposition of
imposition of
13 13 a minimum term of imprisonment and the the prohibition against suspension of of sentence proscribed
14 14 in 9 in 9 G.C.A. 67.401.4(a),(b), G.C.A. §§67.40l.4(a), and(c), (b),and (c),"shall
"shallnot
notapply
apply.ininthe
thecase
case of
ofaaperson
person whom
whom the
the court
court
15 determines violated § 67.401.l(a)
determines violated§ 67.40l.l(a) ofofthe theAct
Actfor
forthe
theprimary
primarypurpose
purpose of
ofenabling
enablinghim
him to
to obtain
obtain aa
16 16 narcotic drug he requires drug which he requires for for his personal
personal use
usebecause
becauseof
ofhis
hisaddiction
addictiontotosuch
suchdrug."
drug." 9
9
11 17 G.C.A.
G.C.A. §§ 67.40l.4(d)
67.401.4(d) (2022).
(2022).
18 18 Lastly, the the Court
Court notes that currentdecision that its current decisionregarding regardingsentencing
sentencingfor
forviolations
violations of
of 9
9
19 19 G.C.A.
G.C.A. §§67.40l.l(a)
67.401.l(a)involving methamphetamine involving methamphetamineisisnot not new.
new. Historically,
Historically,the
theGovernment
Government has
has
20 taken the the position
position that
thaton
onsections
sections67.401.4(e)
67.40l.4(e) and
and (f)
(f) apply
apply to cases involving possession cases involving with possession with
21 intent to distribute a Schedule II Controlled ControlledSubstance
Substance where
wherethe
the drug
drug is
is methamphetamine
methamphetamine or
or an
an
22 22 amphetamine-based substance,asas amphetamine-based substance, theyare they arenot
notclassified
classifiedasasaa"narcotic"
"narcotic" drug
drug under
under99 G
G.C.A.
.C.A.
23 Chapter 67.
67. See,
See, e.g.,
g., People
People v. Jayson Song,
Song CF0710-16, Sentencing Sentencing Memorandum
Memorandum Feb.
Feb. 6,
6, 2020
2020
24 ("Because methamphetamine methamphetamine isisnot
notlisted
listedasasaaNarcotic
NarcoticDrug
Drugin
in Schedule
ScheduleIIII of
of the
the Uniform
Uniform
25 Controlled Substance Act, the Substance Act, the applicable applicablesentencing
sentencingprovisions
provisionsfor
forDelivery
Delivery of
of a Non-Narcotic
a Non-Narcotic
26 26 Schedule Schedule IIII Controlled Substance Substanceare
arefound
foundinin9 9G.C.A.
G.C.A.67.401.4(e)
67.40l.4(e)and
and9 9GCA
GCA67.401.4(f).");
67.40l.4(f)."),
21 27 People v. Mateo, Mateo, CF0632-14, People's Sentencing CF0632-14, People's Sentencing Memorandum, Memorandum, Sept. 3, 2015 2015 (setting forth
forth 9
9
28 28 G.C.A.
G.C.A. §§67.40l.4(f)
67.401.4(f)asasthe
theappropriate
appropriate sentencing
sentencing statute in light statute in light of
of the
the defendant's
defendant's prior
prior
People v.
v. Davis
Case No. CF0332-23 Case No. Decision Decision and and Order
. Page 7 of9
of 9
1 conviction conviction for aa felony felonydrug
drugoffense
offenseand
andthat
thatthe
thesubstance
substancethe
thedefendant
defendant possessed,
possessed, an
an
2 2 amphetamine-based substance,was amphetamine-based substance, wasnot notaanarcotic
narcotic substance
substanceunder
underthe
therelevant
relevantlanguage
language of
of 9
3 G.C.A. Chapter Chapter 67),
67); People v.
v. Ah Rum
Rum Rose
Rose Kim, CF0603-13,
CF0603-13, People's Memorandum Memorandum for
4 Sentencing, Dec. 1, Sentencing, Dec. l, 2014 2014 ("Kim
("Kimwas
wasconvicted
convictedofofthree
threecounts
counts of
ofPossession
Possession with
with the
the Intent
Intent to
5 Deliver aa Schedule Deliver One Controlled Schedule One ControlledSubstance Substance under
under thethe language
language of 9ofGCA
9 GCA § 67.40l.l(a)....
§ 67.401.1 (a) ....
6 The relevant The relevant sentencing sentencing statute is 99 GCA statute is GCA §§ 67.401.4. As the 67.401.4. As the controlled controlled substances forwhich substances for whichKim
Kim
7 was convicted was was convicted was not not aa "narcotic"
"narcotic" as the term
as the termisisdefined
definedin
in99GCA
GCA §§ 67.lOl(u),
67.lOl(u), the
the appropriate
appropriate
8 subsection subsection isis99GCA GCA§§ 67.401.4(e).");
67.40l.4(e)."), People v.
v. Battista,
Bautista, CF0086-14, Dec. & CF0086-14, Dec. & Order at at 3,
3, Nov.
Nov.
9 21, 2014 2014 ("As ("As the
the parties
parties acknowledge, it is plain that that 99 GCA
GCA 67.40l.4(e)
67.401.4(e)sets
sets forth
forth aa maximum
maximum
10 10 prison term of prison term of five fiveyears
yearsfor
forpossession
possessionofofananamphetamine-based amphetamine-based Schedule Schedule II controlled
controlled
11 11 substance withintent substance with intenttotodeliver.").
deliver."). The
TheGUCSA
GUCSAwas
wasfirst
firstenacted
enactedinin1972,
1972,reenacted 1998, 5 reenactedinin1998,5
12 12 and subsequently subsequently amended amendedby
bythe
theLegislature
Legislature on
on several
several occasions.
occasions. See,
See, e.g., P.L. 32-163 (May 32-163 (May
13 23, 2014), P.L. 35-5 (Apr. 4, 23, 2014); 4, 2019), 2019); P.L.
P.L. 36-089
36-089 (Apr.
(Apr. 11,
11, 2022),
2022); P.L.
P.L. 37-113
37-113 (Jul.
(Jul. 22,
22, 2024).
2024).
14 14 theseamendments, Throughout these amendments,the theLegislature
Legislaturehas
hasleft
leftsections
sections67.401.4(e)
67.40l.4(e)and
and(f)
(t) intact.
intact. Thus,
15 as Defendant sets forth forth in his Reply,
Reply, the Legislature
Legislature "has
"has not
not sought
sought to exclude
exclude methamphetamine
methamphetamine
16 16 [from]
[from] the the 0-5
0-5 years
years sentencing provision for sentencing provision for non-narcotic non-narcoticdrugs
drugsunder
under9 9G.C.A.
G.C.A.§§67.401.4(e)."
67.40l.4(e)."
17 17 (Reply (Replyat at2).
2)."Methamphetamine
"Methamphetamineisisa anon-narcotic non-narcoticcontrolled
controlledsubstance
substancebecause
because that
that is how the
18 18 legislature choseto legislature chose it." Id categorizeit." to categorize Id.atat3.3."Where "Wherelanguage
languageofof
a statute
a statuteisisclear,
clear,courts
courts must
must
19 19 give give effect effecttotothe
thelanguage
languageas
as written.
written. Courts
Courts are
are not
not permitted
permitted to read into a statute statuteaalegislative
legislative
20 intent that that is
is contrary
contrary to
to the
the intent
intentmade
madeevident
evidentby
by the
the statute's
statute'splain
plainlanguage.
language. Moreover,
Moreover, the
21 courts may not engraft upon the courts may the statute statuteprovisions
provisionswhich
which do
do not
not appear
appearin
inexplicit
explicit words or by
22 implication implication from from other
other language
language in
in the statute."
statute." State
State v.
v. Bradshaw, 81 S.W.3d 14, Bradshaw, 81 14, 20 20(Mo.
(Mo. Ct.
23 App. 2002)
2002) (internal
(internal quotation
quotation marks
marks and citations omitted). Thus, Thus, as
as methamphetamine
methamphetamine (or
or an
an
24 amphetamine-based substance,asascharged amphetamine-based substance, chargedhere)
here)isisaacontrolled
controlledsubstance
substancelisted
listedin
inSchedule
ScheduleIIII of
of
25 25 the Controlled Controlled Substances Act and Substances Act and is not a narcotic drug, the sentencing drug, the sentencing provisions provisions set forth in
26 26 section 67.401.4(e)
67.40l.4(e) and (f)
(f) apply.
apply.
27
5 See P.L. 24-149 (Mar. 25, 1998). 5 28 28 See P.L. 24-149 (Mar. 25,
People v.
v. Davis
Case No.
No. CF0332-23
Decision Decision and Order
Page 8 of 9
1 CONCLUSION
2 hereby finds that the sentencing statute for violations For the foregoing reasons, the Court hereby violations 3 of of9 G.C.A.
G.C.A. § 67.401.1(a) involving § 67.401.l(a) involving amphetamine amphetamine or Methamphetamine, non-narcotic orm:ethamphetamine, non-narcotic drugs, drugs, are
are
4 ·9 9 G.C.A. §§ 67.401.4(e)
G.C.A. §§ 67.40l.4(e) and (f).
(f).
5 IT IS SO ORDERED
ORDERED this
this2~ay of April, 2025.
day of
6
~~>
7
8 )
9 HONORABLE HONORABLE VERNONVERNON p. P. PEREZ Judge, Superior
Superior Court of Guam
10
11
12
13 13
14 14
15 15
16 16
17 17
18 18
19 19
20 20
. 21
22 22
23 23
24 SERVICE VIA EMAIL SERVICE VIA acknowledge that I acknowledge that an electronic copy of
01the
theoriginal
original was
was e-mailed
e-mailed to:
to:
25 AG (Pgsc/
26
27 *llégg me: fol5la»~ Date:
Anus §,4 "cw
28 Deputy Clerk, Su tor Court of Guam
People v.
v. Davis
CaseNo. CF0332-23 Decision Decision and and Order
Page 9 of~
of?