People v. Marasigan

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COURT OF OF GUAM GUAM 6 ) CRIMINAL CRIMINAL CASE no. NO.CF0524-19 CF0524-19 7 OF GUAM, GUAM, ) GPD GPO Report Report No. 19-27223/19-27265/19-27693 ) 8 vs. )) )) 9 ) . DECISION DECISION & ORDER 10 MARQUFZ MARASIGAN, ) RE. MOTION MOTION TO DETERMINE )) SENTENCING RANGE FOR DOB: DOB:02/19/1977 02/19/1977 VIOLATIONS OF VIOLATIONS OF99GCA GCA§ §67,401.1 67.401.1 11 11 ) ) 12 Defendant. Defendant. )) 13 ) 13

14 14 This matter came came before before the the Honorable Honorable Alberto Alberto E. Tolentino Tolentinoon onFebruary February 18, 18, 2025, 2025, for a \

15 15 motion motion hearing. Defendant Brian Marquez hearing. Defendant Marquez Marasigan Marasigan ("Defendant") ("Defendant") was was present present with with counsel counsel 16 Attorney Yusuke Udagawa-Hoffeman. Assistant Attorney Udagawa-Hoffeman. Assistant Attorney General General Emily Rees was was present present for 17 17

18 18 the People of Guam Guam ("People"). The Defendant Defendant previously previously filed aa Motion to to Determine Determine

19 19 Sentencing Rangefor Sentencing Range forviolations violationsof of99 GCA GCA §§ 67.401.1 on December December 11, 11, 2024. Following the the 20 20 hearing, the the court court took took the the matter matter under under advisement advisement pursuant to Supreme pursuant to Supreme Court Court of Guam Guam 21 Administrative Rule 06-001, Administrative Rule 06-001,CVR CVR7.l(e)(6)(A) 7.l(e)(6)(A) and and CR CR 1.1 1.1 of ofthe the Local Local Rules Rules of ofthe the Superior Superior 22 22 Court of ofGuam. Guam. Having duly duly considered considered the parties' briefings, briefings,oral oralarguments, arguments, and and the applicable 23

24 law, the court now issues this Decision Decision and and Order addressing the the appropriate appropriate sentencing sentencing range range for for

25 violations of violations off9GCA GCA§§67.401.1. 67.401.1. 26 \\ 27 27 \\ 28

Decision Decision&&Order OrderRe. Re. Motion Motionto toDetermine Determine Sentencing Range for Sentencing Range forViolations Violations of9 of 9 GCA GCA §67.401.1 § 67.401.1 People v. Marasigan, Marasigan, CF0524-19 Page Page 1I of9 BACKGROUND 1

2 On On October 3, 2019, the Defendant 2019, the wascharged Defendantwas viaIndictment chargedvia with:(1) Indictmentwith: (1) POSSESSION POSSESSION

II CONTROLLED INTENTTO WITH INTENT SUBSTANCE WITH DELIVER(As TODELIVER Firs~ ,. (AsaaFirst 4 Degree Felony); and Degree Felony); CONSPIRACY TO (2) CONSPIRACY and (2) POSSESSION OF TO POSSESSION SCHEDULE II OF A SCHEDULE 5 CONTROLLED CONTROLLED SUBSTANCE SUBSTANCEWITH INTENTTO WITHINTENT DELIVER TODELIVER (As (As DegreeFelony). a FirstDegree a First See Felony). See 6

Indictment (Oct. (Oct. 3, 3, 2019). 2019). DUe Due to several several bench warrants, withdrawals of counsel, and prolonged bench warrants, prolonged 7

s8 plea plea negotiations, the Defendant did not proceed Defendant did to trial proceed to this case trial on this until October 7, 2024. case until

9 9 Jury selection and Jury selection andtrial trial commenced andcontinued 2024,and 7,2024, October 7, onOctober commencedon untilOctober continueduntil October11, ll, 10 10 2024. After the People After the rested its People rested October 10, its case on October 2024, the Defendant made 10, 2024, motion for made aa motion for 11 11 judgment of judgment acquittal as of acquittal both charges to both as to against him. charges against Ultimately, the him. Ultimately, court granted the court the granted the 12 12

13 13 Defendant's thesecond acquittalasastotothe Defendant's acquittal chargeofofCONSPIRACY secondcharge TO POSSESSION CONSPIR.ACYTO OF A POSSESSION OF

14 14 SCHEDULE 11CONTROLLED SCHEDULE II CONTROLLEDSUBSTANCE SUBSTANCEWITH DELIVER (As INTENT TO DELIVER WITH INTENT First (As aa First

15 :42:07 -47:0SPM 2024, 11, 2024, October 11, On October 2024). On 10, 2024). (Oct. 10, 15 . Degree SeeJury Felony).See DegreeFelony). Mins. at 1:42:07 TrialMims. Jury Trial - 47:05PM (Oct. 16 16 a jury of twelve jury of found the twelve found Defendantguilty theDefendant the guiltyasastoto charge the of of charge OFAASCHEDULE POSSESSIONOF POSSESSION SCHEDULE 17 17 CONTROLLED SUBSTANCE INTENTTO WITH]NTENT SUBSTANCE WITH DELIVER TODELWER FirstDegree (Asa aFirst (As Felony). Degree Felony). 18

19 19 Prior Prior to to the the sentencing sentencing hearing for January scheduled for hearing scheduled 23, 2025, January 23, the Defendant 2025, the filed aa Defendant filed

20 20 Motion to Determine Sentencing Range for violations Determine Sentencing GCA §§ 67.401.1 ('("Motion") violations of 99 GCA 'Motion' ') on

21 . December December 11, 11, 2024;See 2024. See generally generally Mot. Sentencing Range (Dec. 11, Mot. Sentencing 11, 2024). However, the People 22 22 filed filed its Response to the Defendant's Motion its Response onJanuary ("Response")on Motion ("Response") day of the January 23, 2025; the day 23 23 Defendant's sentencing. See generally Ppl.'s Response (Jan. 23, 2025). Defendant's sentencing. As aa result, the court 2025). As 24 24

25 25 granted the the Defendant's Defendant's oral for leave requestfor oral request court to file a Reply to the People's leave of court Response. People's Response.

26 26 See Sentencing Hr'g Mins. Sentencing Hr'g Mins. at at 2:10:21 2:10:21 -- 13:31PM scheduled aa then scheduled courtthen Thecourt 2025). The 23, 2025). (Jan. 23, 13:31PM(Jan. 27 27

28 28

Decision Decision &&Order Order Re. Re. Motion MotiontotoDetermine DetermineSentencing Sentencing Range Range for Violations Violations of of99 GCA GCA§67.401 .'1 § 67.401.1 v. Marasigan, People v. CF0524-19 Marasigan, CF0524-19 Page of9 Page 2 of motion motion hearing hearing for for February Id. The Defendant 18, 2025, at 2:00PM. Id. February 18, subsequently filed his Reply Defendant subsequently 1

2 2 on January 2025.. See 30, 2025 January 30, Reply (Jan. 30, 2025). See Reply

3 At At the the motion motionhearing, hearing, the the Defendant besentenced pursuant argued that he should be Defendant argued toTitle pursuantto Title 4 4 u : 99 GCA GCA §§ 67.401.4(e), which calls 67.401.4(e), which for aa sentence calls for sentence of no more than than five five (5) (5) years. See Mot. years. See Mot. Hr'g Hr'g 5 Mims. at 2:08:21 Mins. at 2:08:21 ----45:47PM 45:47PM(Feb. (Feb. 18, 18,2025). 2025). In In response, response,the thePeople statedthat People stated GCA §§ that99GCA 6

7 67.40l.4(a) 67.401.4(a) is the more appropriate sentencing subsection, which calls for no less than twenty more appropriate

8 (20) years. Id. Id. After After hearing parties' argument on the Motion, the court took the matter under the parties' hearing the

99 advisement. 10 10 DISCUSSION 11 11 A. A. This ThisDecision Decision & &Order Orderapplies applies to to violations violations of of 9 GCA §67.401.1 § 67.401.1 before the Guam before the Guam 12 12 Legislature Legislature amended amended 99 GCA GCA §67.401.4 § 67.401.4 through through P.L. 37-113. 37-113. 13 13 Before Before determining determiningthe theappropriate appropriatesentencing sentencingrange rangeininthis thiscase caseunder under99GCA GCA§§67.401 67.401.4, 14 the court must address this statute's address this recent amendment statute's recent on July amendment on 2024. On July 22, 2024. this date, On this the Guam date, the Guam 15 15

16 16 Legislature and the passed and Legislature passed law P.L. the Governor signed into law 37-113, which added P.L. 37-113, sentencing added sentencing

17 17 guidelines guidelines "based on purity and weight "based on of controlled weight of and controlled substances (fentanyl, fentanyl analogue, and 18 v. 18 methamphetamine), removed the ); and removed applicability of the applicability Justice Safety Valve Act." People v. of the Justice 19 19 · Davis (CF0332-23) Decision & Order Decision & at 2 (Apr. 23, 2025). Order at 20 20 While not not aa binding binding decision for this decision for court, this court acknowledges recent Decisions & this court, 21 21

22 22 Orders Orders from from other other courts, restricting its courts, restricting its decision decision to violations of of 99 GCA GCA §§ 67.401.1 67.40L1 that that occurred occurred

23 23 before before 99 GCA GCA §§ 67.401.4(a)'s 67.401.4(a)'s amendment amendment on on July July 22, 22, 2024. 2024. See See People v. Davis (CF0332-23) 24 24 Decision & Decision & Order Order at at 22 (Apr. (Apr. 23, 23, 2025).»Given that the 2025). Given that Defendant in the Defendant in this this case case was was charged charged with with 25 25 violating 9 GCA § Controlled Substances Act ("GUCSA") was § 67.401.1 as the Guam Uniform Controlled 26 26

27 27 October 3, 2019, written on October 2019, this Decision and Order's appropriate to restrict this Decision this court also finds itit appropriate

28 28 applicability td violations applicability to violations of GCA §§ 67.401. of9 GCA 67.401.1 before its amendment in 2024. amendment in

Decision Decision & & Order Order Re. Re. Motion Motionto to Determine Determine Sentencing Sentencing Range for Violations Violations of of 99 GCA GCA §67.401 .1 § 67.401.1 v. Marasigan, People v. CF0524- l Marasigan, CF0524-19 Page of9 Page 3 of B. B. The Theplain plain meaning meaning of of 99 GCA GCA §§ 67.401.4 67.401.4 isis unambiguous. unambiguous. 1

2 "If "If a statute is unambiguous, then then the judicial inquiry into into the meaning of of the the statute statute is

33 complete." People o ple v.v. Lau, Lau, 2007 Guam 4 1] 14 (citing ,i 14 (citing People p l e v. Quichocho, c o 1997 Guam 13 1] 5). If ,i 5). 4 4 statutes are subject statutes are subject to to conflicting interpretations, then courts interpretations, then courts "must "must try try to read the the [apparently [apparently 5 conflicting] statutes in a harmonious harmonious manner." manner." People o p le vv. Reselap, Re 2022 Guam 2 ii,i 54. To determine 6 7 the plainness or ambiguity ambiguity of statutory statutory language, language, courts reference "the "the language language itself, the specific 7

88 context in which that language is used, used, and and the the broader broader context of the the statute statute as as aa whole." Lau,

99 2007 Guam 4 1114 (quoting Robinson v. ,i 14 (quoting v. Shell Shell Oil Oil Co., 519 U.S. 337, 341 341 (1997)); (1997)), see also also In In re 10 D.S., 2023 2023 Guam 13 13 1127 (quoting Amerault ,i 27 (quoting Amerault v. Intelcom Support v. Intercom Support Serve., Servs., Inc., Inc., 2004 2004Guam Guam23 2311 ,i 11 14). 12 12

13 1 Title Title 99 GCA GCA §§ 67.401.4, 67.401.4, which whichisisentitled entitled"Prison "PrisonTerm Term for for Drug Drug Offenders," Offenders," outlines outlines the the

14 imprisonment imprisonment sentences for people sentences for people convicted convicted of of offenses offenses under under §§ 67.401.1. 67.401.1. Here, Here, aa jury jury convicted convicted 15 15 the Defendant POSSESSION OF Defendant of POSSESSION OF A SCHEDULE II CONTROLLED CONTROLLED SUBSTANCE WITH 16 16 INTENTTO INTENT TODELWER (As(As DELIVER a 1st Degree a 1st Felony) Degree after Felony) determining after determining thatthe that essentialelements theessential elements 17

18 contained within 99 GCA contained within GCA §§ 67.401.1 67.401.1 were were met. met. Depending Depending on on the the circumstances circumstances of of each each case, case, 18

19 19 people convicted of people convicted under 99 GCA offenses under of offenses GCA §§ 67.401.1 67.401.1 are are sentenced sentenced in in accordance accordance with with one one of of §§

20 20 67.401.4's 67.401.4's fifteen fifteen subsections. 21 In this case, the People viewed the statutes as subject subject to conflicting interpretation interpretation citing to 22 the statute's the statute's legislative intent intent through through past public hearings. generally Ppl.'s's Response hearings. See generally Response (Jan. (Jan. 23

24 23, 2025). Ultimately, Ultimately,the the People People argue argue that that the Defendant's conviction conviction warrants sentencing under 24

25 25 99 GCA GCA §§ 67.401.4(a), 67.401.4(a), which which reads reads as follows: as follows: 26 26 If he is If he is guilty guilty of of an an offense offense pursuant pursuant [to] [to] §§ 67.401.1 )(1) of 67.401.l(b)(l) Act, he this Act, of this he shall shall be be 27 27 sentenced to imprisonment for for not not less less than than twenty twenty (20) nor more than thirty thirty (30) years, years, and may, may, inin addition, addition, bebe fined fined not not more more than than Fifty Fifty Thousand Thousand Dollars Dollars 28 ($50,000). ($50,000). The The sentence sentence shall shall include include aa special special parole parole term term of of not not less less than than three three

Decision Decision & & Order Order Re. Re. Motion Motion to to Determine Determine Sentencing Range for Sentencing Range for Violations Violations of of 9 9 GCA GCA §§ 67.401.1 67.401.1 People v. Marasigan, Marasigan, CF0524-19 Page 4 of9 of I (3) years, in in addition addition to to such such term term of of imprisonment. imprisonment. Imposition or execution ofof such 1 sentence shall shall not not be suspended, suspended, and and probation probation shall not not be granted. Parole or work 2 release shall not be granted toto the offender until he has served sewed at at least twenty (20) years of his sentence of imprisonment. 3 4 GCA §§ 67.401.4(a) 99 GCA (2022). In 67.401.4(a) (2022). the Defendant contrast, the In contrast, Defendant argues argues that that the the plain plain meaning meaning of of 9 9 GCA GCA 4

5 §§ 67.401.4 controls, since 67.401.4 controls, it is since it is unambiguous. unambiguous. See See Mot. Mot. Sentencing Sentencing Range Range at at 1-2 1-2 (Dec. (Dec. 11, 11, 2024). 2024).

66 As a result, result, the the Defendant Defendant believes believes that he he should should be be sentenced sentenced in accordance with subsection (e), 7 . which states that: which states that: 8 he is guilty of an Ifhe an offense offense involving a controlled substance listed in Schedule I or 9 II of of this Act which isis not this Act which not aanarcotic narcotic drug drug or or aacontrolled controlled substance substance listed listed in 10 10 Schedule Schedule III III of be sentenced of this Act he shall be sentenced to a term term of of imprisonment imprisonment of of not more than five (5) years than five (5) years and may be be fined not more than Fifteen Thousand Dollars fined not more than Fifteen Thousand Dollars 11 11 ($l5,000.00). ($15,000.00). The sentence sentence shall shall include include aa special special parole term ofof not less than two (2) years in addition toto such such term term of of imprisonment. imprisonment. Imposition or execution of of such 12 12 sentence shall not be suspended and and probation probation shall not be granted. 13 9 9 GCA GCA §§ 67.401.4(e) 67.401.4(e) (2022). (2022). To To determine determine the plain meaning the plain of 99 GCA meaning of GCA §§ §§ 67.401.4(a) 67.401.4(a) and and (e), (e), 14 14 the court must the must review statutory language review the statutory language of subsection, the of each subsection, the specific specific context context of each each 15 15 16 16 subsection's language, and§§ 67.401.4 as a whole. whole.

17 17 Title Title 99 GCA GCA §§ 67.40l.4(a) 67.401.4(a) applies applies to to the the following following scheduled scheduled controlled controlled substances substances 18 18 referenced in in§§ 67.401.1(b)(1): 67.401.l(b)(l): Schedule Schedule I,I, II, II, and and III. III. On Onthe the other other hand, hand, subsection (e) (e) controls 19 19 to the sentencing of of offenses involving non-narcotic non-narcotic Schedule Schedule II or or II II controlled controlled substances, substances, and 20 20

Schedule Schedule IH III controlled controlled substances. substances. GUCSA GUCSAdefines definesaanarcotic narcoticdrug drugas as: 21

22 22 (l) (1) Opium, Opium, opium opium derivative derivative and and any any derivative derivative ofof either, either, including including any any salts, salts, isomers and salts of isomers of of them that that are are theoretically possible within the 23 23 specific chemical designation, but not isoquinoline alkaloids of opium; opium, (2) synthetic opiate and any derivative of of synthetic opiate, including any isomers, 24 24 esters, ethers/salts, and esters, ethers/salts, and salts salts of of isomers, isomers, esters, esters, and and ethers ethers ofof them that are are 25 25 theoretically possible within the specific chemical designation; designation, (3) poppy poppy straw straw and concentrate of of poppy straw, straw; 26 (4) coca coca leaves, except coca except coca leaves and extracts of coca leaves leaves from from which which cocaine, 27 ecgonine andand derivatives of of ecgonine, ecgonine, oror their salts, have been salts, have been removed; removed, (5) cocaine, cocaine, oror any salt, isomer or salt of isomer of cocaine; cocaine, 28 (6) cocaine base, base;

Decision Decision & & Order Order Re. Re. Motion Motion to to Determine Determine Sentencing Rangefor Sentencing Range for Violations Violations of of99 GCA GCA §§67.401.1 67.401.1 People v. Marasigan,CF0524-I9 Marasigan, CF0524-19 Page Page 5 of9 of (7) ecgonine, ecgonine, or or any any derivative, derivative, salt, isomer or salt of of isomer isomer of ecgonine; ecgonine, and I (8) compound, compound, mixture or preparation containing any quantity of aa substance listed mixture or preparation containing any quantity of 2 in this Paragraph.

3 99 GCA GCA §§ 67.lOl(u) 67.lOl(u) (2022). (2022). Under Under Appendix Appendix BB ofofGUCSA, GUCSA, cer tain Schedule certain Schedule IIII contr olled controlled 4 . . | . substances are also considered a a narcotic drug. 1 drug.1 Although Appendix B B classifies 5 methamphetamine as methamphetamine as aa Schedule Schedule IIII controlled controlled substance, substance, itit is is not not also also defined defined as as aa narcotic drug. 6 Specifically, Specifically, itit is listed as aa stimulant stimulant under under Appendix Appendix B(c). While all narcotic drugs are are controlled controlled 7

8 substances, ranging between Schedules I through V, not all controlled substances are defined as substances, ranging

99 narcotic drugs. 10 10 When looking When looking at at 99 GCA GCA §67.401.4 § 67.401.4 as as aa whole, whole, the the prison terms for prison terms for drug drug offenders offenders initially initially 11 11 depend depend on on the the type of of controlled controlled substance substance involved. involved. For For instance, instance, subsections subsections (a) (a) through through (D (f) and 12 12

13 1 (m) apply to offenses involving involving Schedule Schedule I,I, II, II, or or III III controlled controlled substances. substances. Subsections (g) and

14 14 (h) apply to Schedule Schedule IV IV controlled controlled substances. substances. And subsections subsections (i) and Q) (j) apply to offenses offenses 15 15 involving involving Schedule Schedule V V controlled controlled substances. substances. Because Because there may may be more more than than one subsection subsection that 16 16 reference the same level reference the level of ofaacontrolled controlled substance, substance, the the additional additional factors factors within within aa certain certain 17 17 subsection ser ve to subsection serve to narrow r r ow the the options options down to to one one tha t encompa that sses aall encompasses ll the the a applicable pplica ble 18 18

19 19 circumstances of a specific case. case. Those additional factors factors include: include: whether whether the person is a drug

20 20 offender offender with a prior drug conviction;2 conviction,2 whether whether the the person person committed committed the offense while released 21 bail; 3 whether on bail,3 whether the controlled substance involved involved is is classified classified as as aa narcotic drug; 4 or whether narcotic drug,4 22

23 23

24 24

25 25 GCA §§ 67.205 11 99 GCA 67.205 states states that that the the Schedule Schedule II controlled substances II controlled substances are are listed listed in in Appendix Appendix B.B. After After cross-referencing cross-referencing 26 26 Appendix B Appendix B and GCA§§67. and 99 GCA l01(u)'s list 67.l0l(u)'s list of ofnarcotic narcotic drugs, drugs, the the following following narcotic narcotic drugs drugs were were also also listed listed as as Scheduled II controlled substances under Appendix Appendix B: B: Opium under Appendix B (a)(l) and and (2), (2); poppy straw under 27 27 (a)(3); coca leaves under (a)(4); (a)(4); and concentrate of of poppy straw straw under (a)(S). See Title 99 GCA Chapter 67 (2022). under (a)(5). 22 See See 99 GCA GCA §§ §§ 67.401.4(b), 67.401.4(b), (f), (h), G), (f), (h), (j), and and (m)(m) (2022). (2022). 28 28 33 See See 99 GCA GCA §§ 67.401.4(c) 67.40l.4(c) (2022). (2022). 44 See See 99 GCA GCA §§ §§ 67.401 .4((b), (d), 67.401.4((b), (d), (e), (e), (f), (f), (h), (h), (j) (j) and and (m) (m) (2022). (2022).

Decision Decision & & Order Order Re. Re. Motion Motion to to Determine Determine Sentencing Range for Sentencing Range for Violations Violations of of 99 GCA GCA §§ 67.401. 67.401.11 People v. Marasigan, Marasigan, CF0524-19 CF0524-19 Page 6 of9 of "the "the primary primary purpose purpose of of enabling enabling him him to to obtain obtain aa narcotic drug which he requires for his personal I

2 2 use because because of his addiction to such drug."55 of his

3 This court finds finds no no ambiguity ambiguity in that portion portion of of the the GUCSA GUCSA that that provides provides prison prison terms terns for 4 I . . drug offenders based on the drug the level of ofthe the controlled controlled substance substance Involved involved in in aa case. case. Thus, the plain 5 meaning of meaning of 99 GCA GCA §§ 67.401.4 67.401.4 controls. controls. 6 C. C. Title Title 99 GCA GCA §§ 67.401.4(e) 67.401.4(e) is is the the appropriate appropriate sentencing sentencing range range for for Defendant Defendant 7 as a first-time drug offender, convicted of an offense involving a non- Marasigan as 8 narcotic Schedule II controlled substance.

9 In his Motion, Motion, the the Defendant Defendant argued argued the the well-settled well-settled principle principle that that "a narrower, narrower, more 10 . .. .. specific provlslon specific provisionofofaastatute statute takes takes precedence over over aa more more general general provlslon provision of ofthe the same same statute statute 11 II with respect with respect to to the the same same subject matter." v. Estate ofGumataotao, matter." Camacho v. 2010 Guam Gumataotao, 2010 ,i 19. Guam1111 12 12

13 1 Because there are more than one provision involving involving the the same same level level of of aa controlled controlled substance, the

14 14 court agrees with the Defendant that the narrower provision must be applied.

15 15 The circumstances in the Defendant's Defendant's case case are as follows: the Defendant was convicted of of 16 16 an offense under an offense under 9 9 GCA GCA §§ 67.401.1; 67.401.1, methamphetamine methamphetamine was was the the Schedule Schedule II II controlled controlled substance substance 17 17 involved, methamphetamine is involved; methamphetamine is not a narcotic narcotic drug; dog, and and this this case case is is the the Defendant's Defendant's first first drug drug 18 18

19 19 conviction. 99 GCA conviction. § 67.401.4(a) would GCA §67.401.4(a) wouldapply apply to to intent intent to to deliver deliver Schedules Schedules I,I, II, and III II, and III controlled controlled

20 20 substances for first-time first-time drug drug offenders. offenders. Although Although the the Defendant's Defendant's case involves these elements 21 under §§ 67.401.4(a), under this subsection 67.401.4(a), this subsection broadens broadens its its applicability to both applicability to both narcotic narcotic and and non-narcotic non-narcotic 22 drugs. In contrast, drugs. In contrast, 99 GCA GCA §§ 67.401.4( 67.401.4(e) narrows narrows the the applicability applicability of its prison of its prison terms terms to to those those cases cases 23 23 24 involving involving non-narcotic Schedule Schedule II II controlled controlled substances, substances; like the case of the Defendant herein. 24

27 27

28 55 See See 99 GCA GCA §§ 67.401.4(d) 67.401.4(d) (2022). (2022).

Decision Decision & & Order Order Re. Re. Motion Motion to to Determine Determine Sentencing Rangefor Sentencing Range forViolations Violations of of9 GCA GCA §§67.401.1 67.401.1 People v. Marasigan,CF0524-19 Marasigan, l Page Page 7 of 7 of9 All All the the circumstances in this circumstances in this case case point point to to 9 9 GCA GCA §§67.401.4(e) 67.401.4( e)as asthe theappropriate appropriate 1

2 sentencing rangefor sentencing range forthe theDefendant's Defendant'sconviction convictionofofPOSSESSION POSSESSIONOF OFAA SCHEDULE SCHEDULE II

CONTROLLED SUBSTANCE SUBSTANCEWITH WITHINTENT INTENTTO TODELIVER DELIVER(As a First (As a FirstDegree DegreeFelony) Felony). 44 \\ 5 \\ \\ 6

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Decision Decision & & Order Order Re. Re. Motion Motion to to Determine Determine Sentencing Sentencing Range for Violations Range for Violations of of 99 GCA GCA §§ 67.401.1 67.401.1 Peoplev. Marasigan, Marasigan, CF0524-19 CF0524-19 Page Page 88 of9 of CONCLUSION

For reasons set forth above, the court finds that the appropriate sentencing range for the 2

3 Defendant Marasigan's conviction for the offense of POSSESSION OF A SCHEDULE II

4 CONTROLLED SUBSTANCE WITH INTENT TO DELIVER (As a 1st Degree Felony) is zero 5 (0) to five (5) years pursuant to 9 G.C.A. § 67.401.4(e). 6

9 MAY 1 6 2025 SO ORDERED this ----------- 10

14 HONORABLE ALBERTO E. TOLENTINO 15 Judge, Superior Court of Guam

23 SERVICE VIA E~MAIL I acknowledge that an electronic 24 copy of the original was e-mailed to: A-§ c fJOS(r 25

26 • . e: if::J,i)i;-.,.-

C,v-t.,-- 27

Decision & Order Re. Motion to Determine Sentencing Range for Violations of9 GCA § 67.401.l People v. Marasigan, CF0524- l 9 .-~Page 9 of9