People v. Leon Guerrero

Opinion

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7 IN THE SUPERIOR COURT COURT OF OF GUAM GUAM 8

9 9 PEOPLE OF OF GUAM, GUAM, CRIMINAL CRIMINAL CASE CASE NO. NO. CF0182-22 CF0182-22 10 10 vs. 11 DECISION DECISION AND AND ORDER 12 12 JASON VINCE VINCE LEON GUERRERO, 13 13 Defendant. Defendant. 14

15 INTRODUCTION 16 16 This matter came before matter came before the the Honorable Vernon P. Honorable Vernon P. Perez on on December December 16, 16, 2024, 2024, for 17 17 hearing hearing on Defendant Defendant JASON JASON VINCE LEON LEON GUERRERO's GUERRERO's ("Defendant") ("Defendant") Motion Re: 18 18 Justice SafetyValve Justice Safety Valve Act Act of of2013. 2013. Present Present were were Defendant Defendant with with counsel, counsel, Terry E. Timblin, Timblin, and and 19 19 Assistant AttorneyGeneral Assistant Attorney GeneralKathleen Kathleen O'Neilononbehalf O'Neil behalfofof the the People People of Guam Guam ("the ("the 20 20 Government"). Having Havingreviewed reviewedthe thepleadings, pleadings,the thearguments argumentspresented, presented, and and the the record, record, the the 21 21 Court now issues thefollowing issues the following Decision Decision and and Order. 22 22 BACKGROUND 23 23 On On April April8, 8, 2022, 2022, Defendant Defendant was indicted indicted with with one one .count of Possession .count of Possession of of a Schedule Schedule II II 24 Controlled Substance Substancewith withIntent IntentotoDeliver Deliver(As (As aa First FirstDegree DegreeFelony). Felony). (Indictment, (Indictment, Apr. 8, 25 25 2022). This charge charge stems stems Hom from the the discovery discoveryofof suspected suspectedmethamphetamine methamphetamine and and drug drug 26 26 paraphernalia paraphernalia ininDefendant's Defendant's vehicle vehicle during during the execution of ofaa search search warrant warrant at at his his parents' parents' 27 27 house onMarch house on March22, 22,2022. 2022.(Deel. (Deal. of of Richelle Richelle Y. Y. Canto, Canto, Magistrate's Magistrate's Con pl., Mar. Compl., Mar. 23, 23, 2022). 28 28

People v. v. Leon Guerrero Case No. CF0182-22 Case No. CFOl82-22 Decision Decision and and Order

Page 11 of of9 1 On November November 19, 19, 2024, Defendant Defendant plead plead guilty guilty without without a plea agreement agreement to the charge of

2 Possession Possession of a Schedule II Controlled Controlled Substance with Intent Substance with Intent to to Deliver (As aa First First Degree 3 Felony). Prior Prior to to Defendant Defendant entering entering a guilty plea, he he filed filed aa Sentencing Sentencing Memorandum Memorandum on October

4 4, 2024 and a Motion Re Justice Safety Safety Valve Valve Act Act of of2013 2013 .on October October 8, 2024. 5 On October October 15, 2024, the 15, 2024, the Government filed its Opposition to Defendant's Motion Re: Opposition to 6 Safety Valve.

7 On November November 7, 7, 2024, 2024, the Government Government filed filed aa Submission Submission Regarding Regarding the Sentencing Sentencing 8 Guidelines for Guidelines for Violations Violations of of 99 G.C.A. G.C.A. §§ 67.401.1. 67.401.1. 9 In Defendant's Defendant's Motion Motion Re: Re: Justice Safety Valve Act Act of of 2013, he notes that the the Motion Motion will

10 10 become become moot moot ififthe the Court Court agrees with his Sentencing Memorandum Memorandum filed filed October October 4, 4, 2024 2024 in that 11 the applicable the sentence is applicable sentence is set set forth forth in in 99 G.C.A. G.C.A. §§ 67.401.4(e), 67.401.4(e), not not §§ 67.401.4(a). 67.40l.4(a). (Mot. (Mot. Safety Safety 12 12 Valve, fn. fn. 1). l).

13 13 On December December 16, 16, 2024, the Court heard heard arguments on the Motion Re: Justice Safety Valve Valve

14 14 Act along along with with the the applicable applicable sentencing sentencing range and and subsequently subsequently placed placed the matter matter under 15 15 advisement.

16 16 DISCUSSION

17 17 The Court will first address address which which statutory provision provision applies for sentencing in this matter,

18 18 Deflendant's Motion as it may render Defendant's Motion Re: Re: Justice Justice Safety Safety Valve Valve Act Act of of 2013 2013 moot. moot.11 Defendant

19 19 argues that the argues that provisions in sentencing provisions the sentencing in 9 9 G.C.A. G.C.A. §§ 67.401.4(e) 67.40l.4(e) apply apply because because "[a] "[a] basic rule in basic rule in

20 statutory interpretation isis that statutory interpretation thatspecific specificprovisions provisionscover coverthe thegeneral." general." (Sentencing (Sentencing Memorandum Memorandum

21 21 at 3, Oct. at 3, 2024). Defendant 4, 2024). Oct. 4, Defendant argues argues that "§ 67.401.4(a) that"§ 67.40l.4(a) applies applies to to five five separate Schedules and separate Schedules and 22 22 practically an infinite practically an infinite number number of of chemical chemical substances" substances" whe~eas whereas "§ "§ 67.40l.4(e) 67.401.4(e) applies applies to to aa far far 23 23 narrower set." narrO\yer set." Id Id. atat3.3. The TheGovernment Governmentargues arguesthat thatthe thesentencing sentencing provisions provisions in in 99 G.C.A. G.C.A. §§ 24 24 67.40l.4(a) 67.401.4(a) apply. See generally, generally, People's People's Submission Submission Re: Re: Sentencing Sentencing Guidelines, Guidelines, Nov. Nov. 7, 7, 2024. 25

l 26 26 The Court acknowledges that that Public Public Law Law 37-113 37-113 was was signed signed into into law law on on July July 22, 22, 2024. 2024. Public Law 37-113 37-113 amended 9 G.C.A. G.C.A. §§67.404(a) 67.404(a)by byadding addingsentencing sentencingguidelines guidelinesbased basedon onpurity purity and and weight weight of ofcontrolled controlledsubstances substances 27 27 (fentanyl, fentanyl (fentanyl, fentanyl analogue, analogue, and and methamphetamine) methamphetamine) and removed the and removed applicability of the applicability ofthe the Justice Safety Valve Justice Safety Valve Act. Act. As Defendant As Defendant was was charged charged with with Possession Possession of of aa Schedule Schedule IIII Controlled Controlled Substance Intent to Substance with Intent to Deliver Deliver (As (As aa First First 28 Degree Felony) Degree Felony)prior priortotothe theenactment enactmentofofthe the law, law,the the Court Courtreviews reviewsthe thestatute statute as as it existed prior.

People v. v. Leon Leon Guerrero Guerrero Case No. No. CF0182-22 CFOl82-22 Decision Decision and and Order

Page Page 2 of9 of 1 Statutory interpretationisisaa legal Statutory interpretation legal question question and and the the Court's Court's inquiry begins with inquiry begins with the the 2 language of of the the statute. statute. "The "The plain meaning will plain meaning will prevail prevail where there is no no clearly clearly stated statedlegislative legislative

3 intent to the contrary." " People Peoplev.v. Robert, Robert,2019 2019Guam ,r 10 Guam2211 10 (citing (citing Dara Data Mgmt. Mgmt. Res., LLC v. Res., LLC v. 4 Ofice Office of ofPub. Accountability, 2013 Pub. Accountability, 27 ,r1117). 2013 Guam 27 "[I]n determining 17). "[I]n detennining legislative legislative intent, intent, aa statute statute 5 should be read as as aawhole, whole, and andtherefore, therefore, courts should construe construeeach eachsection sectionin in conjunction conjunction with with

6 other sections." sections." Dara Data Mgmt. Mgmt. Res., Res., LLC LLC v.v. op? OffofofPub. Pub.Accountability, Accountability,2013 2013 Guam Guam 27 ,r 17 27 11 7 (quoting quoting Sumitomo Sumitomo Constr. tr. Co. v. Gov Gov 't of ofGuam, Guam, 2001 Guam Guam 23 ,r 17). 23 11 17). See See also Amerault v. v. 8 Intercom Intelcom Support Serve., Servs., Inc., Inc., 2004 Guam 23 2004 Guam ,r 1414("In 23 11 ("In determining determining the the plain plain meaning meaning of of a a 9 statutory provision, we look look to to the the meaning of ofthe the entire statutory scheme scheme containing containing the theprovision provision

10 for guidance.").

11 Defendant plead guilty to Possession of ofaa Schedule II Controlled ControlledSubstance Substance with Intent to 12 12 Deliver, Deliver, aa violation violation of of 9 G.C.A. §§ 67.40l.1(a)(l) 9 G.C.A. 67.401.l(a)(l)and and(b)(1). (b)(l).Schedule ScheduleIIIIControlled ControlledSubstances Substances are listed in inAppendix AppendixBB of of the the Guam GuamUniform UniformControlled ControlledSubstances Substances 2 See 9 13 13 are listed ActAct ("GUcsA").2 ("GUCSA"). See 9 14 14 G.C.A. §§ 67.205 G.C.A. (2022) ("Unless 67.205 (2022) ("Unless specifically specifically excepted excepted by by Guam Guam or or Federal Federal law, law, or or Guam Guam or or 15 15 Federal regulation, Federal regulation, or more specifically specifically included included in in another another schedule, Schedule II schedule, Schedule ll controlled controlled 16 16 substances arelisted substances are listedininAppendix AppendixBBof of this thisAct."). Act."). Not Notall allSchedule Schedule IIIIControlled ControlledSubstances Substances are are 17 17 narcotic drugsunder narcotic drugs GUCSA. The theGUCSA. underthe The GUCSA GUCSAsets setsforth forththat that Narcotic Narcotic drug drug means means any of the any of the 18 18 following, following, however howevermanufactured: manufactured: 19 19 (1) Opium, Opium, opium opium derivative derivative and and any any derivative derivative of ofeither, either, including including any any salts, salts, isomers and salts of and salts of isomers of them them that are are theoretically possible within within the 20 20 specific specific chemical chemical designation, designation, but but not isoquinoline alkaloids of opium, opium; 21 (2) synthetic opiate and synthetic opiate and any derivative of of synthetic opiate, including any synthetic opiate, including any isomers, esters, esters, ethers/salts, ethers/salts, andandsalts saltsof of isomers, isomers, esters, esters, and and ethers ethers ofof them that are 22 theoretically possible within within the specific chemical chemical designation, designation; 23 (3) poppy straw (3) poppy straw andand concentrate of poppy straw, straw; 24 24 (4) coca leaves, except coca leaves 4) coca leaves, except coca leaves and and extracts of coca coca leaves from which cocaine, ecgonine and derivatives of of ecgonine, ecgonine, or or their their salts, salts, have been removed; removed, 25 (5) (5) cocaine, cocaine, or orany any salt, salt, isomer or salt of of isomer of cocaine, cocaine; 26 26 (6) 6) cocaine cocaine base, base; 27 2 Methamphetamine Methamphetamine andandamphetamine amphetamineare arelisted listedasasstimulants stimulants under under Appendix Appendix B.B.See See 99 G.C.A. G.C.A. Chapter Chapter 67, 67, 28 Appendix B(C)(1) & (2) (2022). Appendix B(C)(l) (2022).

People v. v. Leon Leon Guerrero Guerrero Case No. No. CF0l CFO]82-22 Decision Decision and and Order

Page Page 3 of9 of (7) ecgonine, or any derivative, derivative, salt, salt, isomer isomer or salt of isomer of ecgonine; and 1 (8) compound, mixture or preparation containing any quantity of of a substance listed 2 2 in this Paragraph. 3 3 99 G.C.A. G.C.A. § 67.lOl(u) (2022). § 67.lOl(u) (2022). Thus, Thus, under under the the GUCSA, GUCSA, aa Schedule Schedule II II Controlled Controlled Substance Substance can can 4 be a narcotic or a non-narcotic drug. é 55 Title 9 G.C.A. section section 67.401.4 sets forth various sentencing provisions for a defendant 6 6 convicted of violating convicted of violating 99 G.C.A. G.C.A. §§ 67.401.1, 67.401.1, Possession Possession for for Illegal Illegal Delivery, Delivery, Dispensing Dispensing or or 7 7 Manufacturing. Manufacturing. Section Section 67,401.4 includes fifteen 67.401.4 includes fifteen (15) (15) subsections subsections within within itit (67.401.4(a) (67.40l.4(a) -- 8 67.401.4(o)). 67.401.4(0)). Each Each of of these subsections provides sentencing guidelines depending on the factors 9 of the case, with the exception of section 67.401.4(k) 67.40l.4(k) which which was was repealed repealed by P.L. P.L. 35-005 35-005 (Apr. 10 10 4, 2019). 2019). The TheCourt Courtfinds finds ititappropriate appropriate to to consider consider section section 67.40l.4(a) 67.401.4(a) within within the the broader broader 11 11 statutory scheme. See Data Mgmt. Res., Res., LLC, LLC, 2013 2013 Guam Guam27 11 17; 27,r 17, Amerault, ,r Ameraulf, 2004 Guam 23 'll 12 12 14. 13 13 Section 67.401.4(a) provides that 67.401.4(a) provides that any any person who is convicted of an offense pursuant to

14 14 67.401.1 the GU 67.401.1 of the GUCSA shall be sentenced as follows: follows: 15 15 If he is If he is guilty guilty of of an an offense offense pursuant [to] §§ 67.401.1 pursuant [to] 67.40l.l(b)(1) of this (b )(1) of shall be he shall Act, he this Act, be 16 sentenced to imprisonment for not less than twenty (20) nor more than thirty (30) 16 and may, in addition, years, and addition, be fined fined not more more than Fifty Thousand Thousand Dollars Dollars 17 17 ($50,000). ($50,000). The The sentence sentence shall shall include include aa special special parole parole term of of not less than three 18 18 (3) years, in addition addition to such term of imprisonment. imprisonment. Imposition Imposition or or execution execution of of such sentence shall not be suspended and probation probation shall shall not not be be granted. granted. Parole or 19 19 work release shall not be granted to the offender until he has served at least twentytwenty 20 20 (20) years of his sentence of imprisonment.

21 99 G.C.A. G.C.A. §§ 67.40l.4(a) 67.401.4(a) (2022). (2022). As 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 22 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.1(b)(l) ("Any ("Any 23 23 person who violates subsection (a) with respect to a substance classified in Schedule I, II, or III

24 of aa felony shall be guilty of felony of of the the first first degree degree and and shall shall not not be be eligible eligible for for work work release release or or 25 25 educational programs outside the confines of prison."). prison."). Section Section 67.401.4(a), 67.401.4(a), however, is not the 26 26 only subsection subsection addressing addressing Schedule ScheduleI,I, II, II, or or III III Controlled Substances 3 for intent to deliver cases, Controlled Substances3 27 33Schedule Schedule IVIV Controlled Controlled Substances Substances areareaddressed addressedinin9 9G.C.A. G.C.A.§§ §§67.401.4(g) 67.401.4(g)and and(h). (h). Schedule V Controlled Schedule V Controlled 28 Substances areaddressed addressedinin9 9G.C.A. G.C.A.§§ §§67.401.4(i) 67.401.4(i)and and(j). (j). Substances are

People v. v. Leon Leon Guerrero Guerrero Case No. CF0182-22 Case No. Decision Decision and and Order

Page Page 4 of 9 1 and the Court finds that itit cannot cannot be be read read in isolation. Section 67.401l .4(b) inisolation. .4(b)contemplates contemplates violations violations

2 section 67.401 of section 67.401.1. (b )( 1) forforthose l (b)(1) thosewith withprior prior convictions convictions for for narcotic narcotic drugs drugs and and provides provides a

3 sentence sentence of oflife life imprisonment imprisonmentwithout withoutthe thepossibility possibilityofofparole. parole.99G.C.A. G.C.A.§67.401 . ll(b)(l) § 67.401. (b)(1) (2022).

4 Section 67.401 Section 67.401.4( e) provides .4(e) provides that any person who who is is convicted convictedofofan anoffense offensepursuant pursuanttoto67.401 67.401.1l 5 of this Act shall be sentenced of sentenced as as follows follows:: 6 lfhe is guilty If guilty of of an an offense offenseinvolving involving aa controlled controlled substance listed listed in in Schedule I of this Act which is not aa narcotic or II of narcotic drug or aa controlled controlled substance substance listed listed in 7 Schedule III of this Act he shall be sentenced to a term of of imprisonment of of not 8 more than five (5) years and maymay be fined lined not more than Fifteen Thousand Dollars

9 ($15,000.00). The ($l5,000.00). Thesentence sentenceshall shallinclude includeaaspecial special parole parole term of not term of not less than two (2) years in addition addition to to such suchterm termofofimprisonment. Imposition or imprisonment. Imposition or execution execution ofof such 10 10 suspended and probation shall not be granted. sentence shall not be suspended 11 99 G.C.A. G.C.A. §§ 67.401.4(e) 67.401.4(e) (2022) (2022) (emphasis (emphasis added). added). This section section clearly clearly refers refers to sentencing sentencing 12 12 provisions for non-narcotic Schedule I and provisions for non-narcotic Schedule and IIII Controlled Controlled Substances. Substances. Section 67..40l.4(f) 67,-401.4(±) 13 13 contemplates contemplates offenses offenses of of9 G.C.A. G.C.A. §§ 67.401.1 67.401.1 involving involving Schedule Schedule II or II non-narcotic or II non-narcotic drugs drugs where where 14 14 the offender offender has a prior drug conviction and sets forth that they they may be sentenced up to ten (10) 15 15 4 years. YC3I'S.4 16 16 Viewing 99 G.C.A. Viewing G.C.A. §§ 67.401.4 67.401.4 in in its entirety, the its entirety, the Court Court concludes concludes that that subsections subsections (a), (a), (b), (b), 17 17 (c) and (d) refer to violations violations involving narcotic narcotic drugs. For example, drugs. For example, section section 67.40l.4(d) 67.401.4(d) sets sets 18 18 forth that "[t]he forth that "[t]he imposition imposition of a minimum term term of ofimprisonment imprisonment and and the the prohibitions prohibitions against against 19 19 of sentence and requirement for service of suspension of of a minimum term of of imprisonment imprisonment prior prior to 20 20 granting parole as prescribed bV by Subsections (a). (a), (b) and (c) (c) of of this Section shall not apply in 21

22 22 4 Section 67.401.4(f) that: 67.401.4(t) provides that: 23 23 If he is guilty of of an offense involving a controlled controlled substance substance listed listed in in Schedule Schedule II or II of of this Act 24 which is not a narcotic drug or a controlled substance in Schedule III of of this this Act Act and and ififhe has been convicted convicted of ofone one (1) ( 1) or or more more prior prior offenses punishable punishable under under the provisions provisions of of Subsection Subsection (e) (e) of of this 25 Section, a felony under any provision of of this this Act, any any law law of ofthe the United United States, States, aa state state or foreign jurisdiction jurisdiction relating relating toto narcotic narcotic drugs drugs or or depressant depressant or or stimulant stimulant substances substances andand one one to to a term term of 26 imprisonment of of not more more than than ten (10) years and, in addition, may be fined not more than Thirty Thousand Thousand Dollars ($30,000.00). ($30,000.00). The sentence shall include a special parole terN term. of of at at least two (2) 27 years in addition to to such term of imprisonment. 28 99 G.C.A. G.C.A. §§ 67.401.4(f) 67.401.4(t) (2022). (2022).

People v. v. Leon Guerrero Case No. No. CF0182-22 CFOI82-22 Decision Decision and and Order

Page 5 of 9 1 the case of the case person whom of aa person whom the the court court determines determinesviolated §67.401 violated§ .1 67.401.l(a) of this of this Act Act for the primary primary

2 purpose of enabling him to obtain a narcotic drug which he requires requires for his personal use 3 because of his addiction drug." 99 G.C.A. addiction to such drug." G.C.A. §§ 67.40l.4(d) 67.401.4(d) (2022) (2022) (emphasis (emphasis added). added). 4 67.401.4(m) also Section 67.40l.4(m) also provides that narcotic drug offenders offenders may qualify for a reduction of of 5 their sentence up to to "twenty percent (20%) of the minimum term established established by law of of a person 6 sentenced pursuant sentenced pursuant to to Subsections Subsections (a), (a), (b) or (c)" if the Court, after after consultation consultation with with the the Attorney Attorney

7 "finds such person was a pusher General "finds pusher and if if such such pusher pusher offers offers credible credible and and necessary necessary evidence evidence

8 as to the the identity of his supplier, supervisor, supervisor, or or as as to to the the source source of of his his supply supply of of drugs." drugs." 9 G.C.A.

9 §§ 67.40l.4(rn) 67.401.4(m) (2022). (2022). Additionally, Additionally, ininsections sections67.40l.4(f`) 67.401.4(f) and and 67.40l.4(h), 67.401.4(h), the the Legislature Legislature 10 10 acknowledges there acknowledges there isis differentiation differentiation in in certain types of of drugs, with the law referencing "narcotic 11 11 drugs drugs or or depressant depressant or or stimulant stimulant substances." substances." 99 G.C.A. G.C.A. §§ §§ 67.40l.4(f`), 67.401.4(f); 67.40l.4(h) 67.401.4(h) (2022) (2022) 12 12 (emphasis added).

13 13 With this in mind, mind, the the Court Court turns turns to the the charge charge Defendant Defendant entered entered aa guilty guilty plea to. to. 14 14 Defendant plead Defendant plead guilty to Possession of of a Schedule II Controlled Substance with Intent to to Deliver Deliver

15 15 "in that "in knowingly or that he knowingly or intentionally intentionally possessed possessed with with intent intent to to deliver deliver aa controlled controlled substance, substance, i.e., i.e., 16 16 an amphetamine-based substance." See See Indictment, Indictment, Apr. Apr. 8,8, 2022, 2022; Minute Minute Entry, Entry, Nov. 19, 19, 2024. 17 17 Methamphetamine and and amphetamine amphetamine are are classified classified as Schedule II Controlled Substances. Substances. See See 99 18 G.C.A. G.C.A. §§ 67.205, 67.205; Appendix Appendix B(c) B(c) (2022). (2022). Section Section 67.10l(u) 67.l0l(u) plainly plainly does does not not categor ize categorize 19 19 methamphetamine or methamphetamine or amphetamine amphetamine as as aa narcotic narcoticdrug. drug. See See 99 G.C.A. G.C.A. §§ 67.lOl(u) 67.lOl(u) (2022). (2022). In In 20 20 reading the statute ding the a s a wh a t u t e as o l ssee whole, ee S Sumitomo um omo C s t r . Co., Constr. o . , 2001 01 G u Guam 23, beca use because 21 methamphetamine and amphetamine are not listed as narcotic drugs, drugs, the applicable applicable sentencing 22 provisions for possession with intent to deliver a non-narcotic schedule II Controlled Substance Substance 23 23 are found in are found in 99 G.C.A. G.C.A. §§ 67.401.4(e) 67.40l.4(e) and and 99 G.C.A G.C.A §§ 67.401.4(±). 67.40l.4(f). Therefore, Therefore, the the Court Court finds finds itit clear clear 24 under plain reading under aa plain reading of ofthe the statute statute that that 99 G.C.A. G.C.A. §§ 67.401 .4(e) applies 67.401.4(e) violations of9 to violations applies to of 9 G.C.A. G.C.A.

25 §§ 67.40l.l(a) 67.401.l(a) involving involving amphetamine amphetamine or or methamphetamine methamphetamine for for offenders offenders with with no no prior prior drug drug 26 26

People v. v. Leon Leon Guerrero Guerrero Case No. No. CF0182-22 CFO]82-22 Decision Decision and and Order

Page 6 of9 1 conviction. conviction. Title Title 99 G.C.A. G.C.A. section section 67.40l.4(f) 67.401.4(f) applies to violations applies to violationsof of99G.C.A. G.C.A. §§ 67.401. 67.40l.l(a) l(a) 2 involving involvingamphetamine amphetamine or or methamphetamine for offenders with methamphetamine for with aa prior conviction. 5 pnor drug conviction.5 3 The Court also notes that this this interpretation interpretationisis in in line line with the Legislature's Legislature's sentencing sentencing 4 guidelines set forth for importation of a controlled substance. substance. Under Underthe theGUCSA, GUCSA, importation of of

5 . a Schedule Schedule I,I, II Controlled Controlled Substance or any Substance or anynarcotic narcoticdrug druglisted listedininSchedules SchedulesIII, III,IV IV or or V V is aa

6 First Degree Felony. First Degree Felony. 99 G.C.A. G.C.A. §§ 67.60l(a) 67.601(a)(2022). (2022). The Thesentencing sentencingprovision provision for for importation of importation of 7 a "controlled "controlled substance substance other other than than a narcotic drug listed in Schedules SchedulesI,I,II, II,III, III, IV W or IV shall shall be 8 imprisoned for not imprisoned for less than not less thanthree three(3) (3)years yearsnor normore morethan than(10) (10)years." years." 99 G.C.A. G.C.A. §§ 67.401 .9(b)(3) 67.401.9(b)(3) 9 (2022) (2022) (emphasis (emphasis added). added). In In contrast, contrast, the the sentencing range for importation sentencing range importation of controlled controlled 10 10 substances thatare substances that drugs narcoticdrugs arenarcotic is is twenty twenty (20)totothirty (20) thirty(30) (30)years. years.99G.C.A. G.C.A. §§ 67.401.9(b)(l) 67.401.9(b)(1)

11 11 (2022).

12 12 Lastly, the the Court Court notes notes that current decision that its current decisionregarding regardingsentencing sentencingfor forviolations violations of of 9

13 13 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 14 taken the taken theposition positionthat thaton onsections sections67.401.4(e) 67.40l.4(e)and and(f) (f) apply applyto to cases cases involving involving possession possession with 15 15 intent to distribute a Schedule II Controlled ControlledSubstance Substance where wherethe the drug drug is is methamphetamine methamphetamine or or an 16 16 amphetamine-based substance,asas amphetamine-based substance, theyare they arenot notclassified classifiedasasaa"narcotic" "narcotic" drug drug under under99 G.C.A. G.C.A.

17 17 Chapter 67. See, See, egg., People v. ig., People v. Jayson Song, CF0710-16, Sentencing Jayson Song, Sentencing Memorandum Memorandum Feb. Feb. 6, 6, 2020 2020 18 18 ("Because methamphetamine methamphetamine isisnot notlisted listedasasaaNarcotic NarcoticDrug Drugin in Schedule ScheduleIIII of of the the Uniform Uniform 19 19 Controlled Substance Act, the Substance Act, the applicable applicablesentencing sentencingprovisions provisionsfor forDelivery Delivery of of a a Non-Narcotic 20 20 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 People v. Mateo, Mateo, CF0632-14, People's Sentencing CF0632-14, People's Sentencing Memorandum, Memorandum, Sept. 2015 (setting Sept. 3, 2015 (setting forth forth 9 9 22

23 23 5 The Court finds that subsection subsection(f) (f) is not restricted to to those those who who have have previous previous convictions convictions for for Possession Possession of of a a 24 Schedule Schedule IIII Controlled Substance with Intent to Deliver. Section 67.401.4(f) applies if Substance with Intent to Deliver. Section 67.401.4(f) applies if a defendant "has beena defendant "has been convicted of convicted ofone one (1) ( 1)or ormore moreprior prioroffenses punishable under offensespunishable theprovisions under the provisionsof of Subsection Subsection((e)e) ofof this Section, Section, aafelony felony 25 under any anyprovision provision of this Act, any any law law of ofthe the United United States, States, aa state or foreign foreign jurisdiction jurisdiction relating relating toto narcotic narcotic drugs drugs 26 or depressant or stimulantsubstances depressant ororstimulant substances andand one (1) or more of the convictions are final..." 9 G.C.A. one (1) or more of the convictions are final. .. " 9 G.C.A. § 67.401.4(f) § 67.401.4(f) TheCourt (2022). The Courtfinds findsititclear clearthat thatthethequoted portion isis phrased quoted portion phrased as as a list, list, where where in addition addition to to "prior "prior offenses offenses 27 punishable underthe punishable under theprovisions provisionsofofSubsection Subsection (e)(e)ofofthis thisSection," Section," convictions for for a felony "under "under any any provision provision of of this Act" (the this (the Guam Guam Uniform Uniform Controlled Controlled Substances Substances Act) Act) or or "any "any law of the United States, a state of of the United States, a state of foreign foreign 28 jurisdiction relating to jurisdiction relating to narcotic narcoticdrugs drugs oror depressant depressant or stimulant substances"may stimulant substances" causesubsection alsocause mayalso subsection(f) (f) to to apply. apply.

People v. v. Leon Leon Guerrero Case No. CF0182-22 Case No. Decision Decision and Order

Page 7 of9 of 1 G.C.A. G.C.A. §§67.401.4(f) 67.401.4(f) as as the theappropriate appropriate sentencing sentencing statute in light statute in light of of the the defendant's defendant's prior prior 2 conviction conviction for aa felony felonydrug drugoffense offenseand andthat thathe thesubstance substance the thedefendant defendant possessed, possessed, an an 3 amphetamine-based substance,was amphetamine-based substance, wasnot notaanarcotic narcotic substance substanceunder underthe therelevant relevantlanguage languageof of 9

4 G.C.A. Chapter Chapter 67), 67); People v. v. Ah Ah Rum Rum Rose Rose Kim, Kim, CF0603-13, CF0603-13, People's Memorandum Memorandum for 5 Sentencing, Dec. 1, Sentencing, Dec. I, 2014 2014 ("Kim ("Kimwas was convicted convictedofofthree threecounts counts of ofPossession Possession with with the the Intent Intent to 6 Deliver aa Schedule Deliver One Controlled Schedule One ControlledSubstance Substance under under thethe language language of 9ofGCA 9 GCA § 67.401.l(a).... § 67.401.l(a) .... 7 The relevant The relevant sentencing sentencing statute statute isis 99GCA GCA §§ 67.401.4. As the 67.401.4. As controlled substances the controlled forwhich substances for whichKim Kim

8 was convicted was was convicted not aa "narcotic" was not "narcotic" as as the term is the term is defined defined in in 9 9 GCA GCA §§67.101(u), 67.l0l(u), the the appropriate appropriate 9 subsection subsection isis99GCA GCA§§ 67.401.4(e)."); 67.40l.4(e)."); People v. Battista, Bautista, CF0086-14, Dec. & CF0086-14, Dec. & Order at at 3, 3, Nov. Nov.

10 10 21, 2014 2014 ("As ("As the the parties parties acknowledge, acknowledge, ititisis plain plainthat that 99 GCA GCA67.401 67.401.4(e) sets sets forth forth aa maximum maximum 11 11 prison term of five prison term fiveyears yearsfor forpossession possessionofofananamphetamine-based amphetamine-based Schedule Schedule II controlled controlled 12 12 substance withintent substance with intenttotodeliver."). deliver."). The TheGUCSA GUCSAwas wasfirst firstenacted enactedinin1972, 1972,reenacted reenactedin 1998, 6 in1998,6 13 13 and subsequently subsequently amended amendedby bythe theLegislature Legislature on on several several occasions. See, See, e.g., P.L. P.L. 32-163 (May 32-163 (May 14 14 23, 2014), P.L. 23, 2014); 2019); p.L. 4, 2019), p.L. 35-5 (Apr. 4. 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). 15 Throughout these amendments, theLegislature amendments, the Legislature has left left sections sections 67.401 .4(e) and (f)f) intact 67.401.4( intactand and has has 16 16 not specifically specifically excluded excluded amphetamine and methamphetamine amphetamine and methamphetaminefrom fromtheir theirapplication. application. "Where "Where

17 17 language of aa statute language statute is clear, courts must clear, courts mustgive give effect effect to to the the language language as as written. written. Courts Courts are are not 18 18 permitted to read into a statute statute aa legislative legislative intent intent that that is contrary to the intent made made evident by

19 the the statute's plainlanguage. statute's plain language. Moreover, Moreover, the the courts courts may may not not engraft engraft upon upon the the statute statute provisions 20 20 which do not appear appearin inexplicit explicit words or by implication implication from from other other language language in in the statute." statute." State State 21 v. v. Bradshaw, Bradshaw, 81 S.W.3d 14, 14, 20 20 (Mo. (Mo. Ct. Ct.App. App.2002) 2002)(internal (internalquotation quotationmarks marks and and citations citations 22 22 omitted). omitted). Thus, Thus,asasmethamphetamine methamphetamine(or (oran anamphetamine-based amphetamine-basedsubstance, substance, as as charged and plead 23 to here) is a controlled controlled substance listed in Schedule II of substance listed ofthe the Controlled ControlledSubstances Act and Substances Act and is not 24 24 a narcotic drug, drug, the the sentencing sentencing provisions set forth in in section section 67.401 .4(e) apply. 67.401.4(e) apply.

25 25 II// 26 26 II// 27

28 6 See 6 See P.L. P.L. 24-149 24-149 (Mar. (Mar. 25, 25, 1998). 1998).

People v. v. Leon Leon Guerrero Guerrero Case No. CFO Case No. CF0182-22 I Decision Decision and and Order

Page 8 of9 of 9 1 CONCLUSION

2 For the foregoing reasons, the Court hereby finds that the sentencing sentencing statute applicable for

3 Defendant'sguilty Defendant's guiltyplea pleato to Possession Possession of ofaa Schedule Schedule II Controlled Substance with Intent to to Deliver Deliver

4 is is 99 G.C.A. G.C.A. §§ 67.401.4(e). 67.40l.4(e). In In light light of of this this determination, determination, the the Court Courtdeems deems Defendant's Defendant's Motion Motion Re: Re:

5 Justice Safety Valve Act of of 2013 MOOT. Parties Parties shall shall return for Sentencing Sentencing on on May May 16, 16, 2025 at 6 2:00p.m.,,,. 2:00 p.m.

7 ..-1 IT IS IS SO SO ORDERED thisz this233 day of of April, 2025. 8

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11 HONORABLE VERNON HONORABLE VERNON p. P. PEREZ Judge, Superior Court of Guam 12 12

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21 s1l\vIc1 Sl!ltVICI! WA I-MAIL VIA l!-MAIL a,cu,ow•edge ma! lt acknowledge that an an electvonu. elect,on1<. 22 (opy of Cove '"e orl3IHal al me o,,g,,..a1 was emailed e malted to to

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24 /21!?-f Date 'f/1?/va' tJ flh1e. I/WA. fine. [/"2f•t,,;.,._

25 11,w1- #1A1/% (a c;,,14 ~ Deputy Oep~ry clerk _ Supencf Coun , Supe,tor Court of G~m Guam

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People v. v. Leon Guerrero Case No. CF0182-22 Case No. CFOl82-22 Decision Decision and Order

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