Guam – A drug dealer and his mule were set to be sentenced in District Court this morning but after nearly two hours in court chambers the court agreed to only move forward with sentencing the drug dealer, and that sentence has now set a precedence for future drug cases.
Timothy Duenas has been addicted to drugs since he was 19 years old when he first began smoking ice, since then he escalated from being a drug user to a drug dealer. now 32 years old, he stood before District Chief Judge Francis Tydingco-Gatewood awaiting sentencing for smuggling over 400 grams of methamphetamine into the island. While he stood to gain $147,000 from the sale of the drugs, his drug mule, Kaitlyn Scully’s arrest left him facing up to 12 years in prison. In court today legal counsels went back and forth discussing whether or not Duenas should benefit from the safety valve act which is normally provided to defendants who sign a plea agreement and provide substantial assistance to the government. The act allows for a downward departure from sentencing simply put it allows the defendant to serve less time than the charge calls for. The issue in Duenas’ case is that he did not take a plea instead he proceeded with trial and was convicted on the charges against him. However, after a nearly two hour meeting in the judge’s chambers, it was determined that Duenas qualified for the safety valve act based on a sealed report he submitted to the government providing them with “substantial information” which would assist them in their ongoing investigation. As a result, instead of facing 12 years in prison, he was looking at 63 months to 78 months incarceration. Before he was sentenced, Duenas was given an opportunity to make a statement, he said, “this is my first time being charged with anything. I would just like a second chance at life.” A second chance is just what he will get after completing a 63 months prison sentence in Oregon which just a little over 5 years. As part of this he is to take part in the drug treatment program which if completed successfully will reduce his sentence by one year. After completion of his incarceration he will be placed on 5 years supervised release. Meanwhile Scully’s sentencing has been continued to march 27, to allow her family to be present.
A total of five individuals are connected to this case, however only one other individual has been indicted, David Sare. The two other individuals one of which is identified as the supplier Adam Bogema is currently awaiting sentencing in a Hawaii on separate drug charges. The government at this time conveyed to the court that they are not sure if they will be pursuing charges against him as the investigation is ongoing.