A man convicted in the mid-1990s on drugs and weapons charges wants the District Court of Guam to reduce the amount of time he has been sentenced to spend in prison.
Honofre James Oliva Chargualaf was sentenced to 44 years in prison on charges of unlawful transportation of a machine gun, possession of a machine gun, possession of a firearm by a fugitive, possession with intent to distribute methamphetamine, and unlawful use or carrying of a firearm during and in relation to a drug trafficking crime.
Chargualaf, who is being held at Federal Correctional Institution Lompoc in California, contends he is eligible for the sentencing modification.
In January 2019, the District Court ruled Chargualaf is entitled to a reduction of his sentence based on the sentencing range in the law that has been lowered by the Sentencing Commission.
His family has since created petitions seeking "Freedom for Honofre Chargualaf" and stated he "was sentenced in 1995 for a non-violent crime."
On the Facebook page the family created, a note from Chargualaf was posted in February.
"There is no dispute that I committed certain non-violent federal firearm and drug possession offenses as a young man and deserved a prison sentence as a result, but not 44 years. By today's standards set out by the previous Attorney General, and changes in law, the 44 year sentence imposed on me in 1996 for these non-violent offenses are disproportionately severe and unjust in comparison by today's sentencing practices and procedures. If I were sentenced today for the same offenses I would only receive a 15 year sentence at the most," Chargualaf states. "This current term of imprisonment is like an open wound that festers and refuses to heal. My family would like for all this to end so that we may begin the healing process. We need closure. But closure and healing may not be had without the assistance of our Government demonstrating some sort of measure of compassion."
Federal prosecutors responded to the request for modification stating that the court is not to conduct a resentencing, but instead authorize a limited adjustment to his final sentencing. In a memorandum regarding the modification request, Assistant U.S. Attorney Rosetta San Nicolas concluded that the government urges the court to remove the "four level enhancement applied to Count VI (unlawful transport of firearms) and adjust the defendant's sentence to 121 months (10 years) imprisonment consecutive to the mandatory 30 years imprisonment."
A sentencing hearing for Chargualaf has been set for June 12 in the District Court of Guam before Chief Judge Frances Tydingco-Gatewood.