Guam – It has been ordered, the case against local business man Max Ahn must be dismissed but should it be with or without prejudice, that is the question before the Superior Court of Guam.
A recent decision by the Supreme Court of Guam in the appeal of Max Myong Ahn may affect all drug cases that come before the Superior Court of Guam.
The high court ruled that Ahn’s matter was not heard in a timely manner thus violating his right to a speedy trial. Following the high court’s ruling Ahn’s case was remanded back to the trial court. Ahn was the only retail store owner who was charged in 2016, with Unlawful Use of the Mail to Facilitate the Distribution of Controlled Substance Analogues.
Upon conviction, Ahn was given a very light sentence of 5 years’ probation which includes 1 year of home detention, a $583 restitution to Public Health, and a $7,500 fine. This is a lenient sentence compared to the maximum penalty of 5 years and a $250,000 fine.
According to Ahn’s attorney there is no doubt that the case must be dismissed however the high court left the decision up to the trial court to determine if the dismissal should be with or without prejudice.
Superior Court Judge Anita Sukola in reference to the Supreme Court Justices stated, “I think they are more confused than I am.”
If the case is dismissed with out prejudice the local government may re-file the charges against Ahn. If the case is dismissed with prejudice, the charges contained in the indictment can not be pursued at a later time.
The matter is under advisement.