A man who admitted to failing to register as a sex offender was sentenced to 15 months in a Federal Bureau of Prisons facility on Thursday.
Jeffrey Paul San Agustin appeared before District Court of Guam Chief Judge Frances Tydingco-Gatewood for sentencing.
“I just want to apologize,” said San Agustin.
He was sentenced to 15 months with credit for the six months he already has served in prison. A judicial recommendation was made for him to serve his time on Guam.
The court also ordered that he have no contact with anyone under the age of 18 when he is released. San Agustin will then be placed on five years’ supervised release.
Prior to sentencing, defense attorney Matthew Kane recommended a 12-month split sentence that includes home confinement.
“This is a person who has been staying out of trouble,” said Kane. “He did fall on hard times. He’s had some incidents in his life that were traumatic. But, he has been trying to get back on his feet.”
Assistant U.S. Attorney Rosetta San Nicolas recommended he get just under 18 months.
“He’s a level one sex offender,” said San Nicolas. “He is required to register for life. We believe the defendant willfully was not reporting.”
San Nicolas said San Agustin has not complied since 2016.
“He did make an honest mistake,” Kane said.
It was said in court that San Agustin was convicted in the Superior Court of Guam of third-degree criminal sexual conduct as a second-degree felony. The victim in the case was 3 years old. San Agustin also had a separate local conviction for driving under the influence of alcohol.
The court asked the U.S. Probation Office to find out if San Agustin can attend sex offender counseling after he is released.