A drug convict who has battled addiction for years appeared to look healthy, according to District Court of Guam Magistrate Judge Michael Bordallo, who will recommend a sentence of time served.
In 2006, Brian Elm was found guilty for his involvement in a scheme to smuggle methamphetamine to Guam from Las Vegas through the post office. He was also convicted of dealing drugs.
He has been undergoing inpatient treatment for the last six months at the Lighthouse Recovery Center and on Tuesday, Bordallo said he saw an improvement in Elm's recovery.
Elm told the federal judge that he has also maintained employment with the Salvation Army. In fact, he attended the virtual hearing while at work.
Elm has not incurred any new violations since April, according to the U.S. Probation Office, which also indicated that Elm's local court case has been dismissed.
The local case was related to a misdemeanor family violence charge from March 2020. Elm was accused of beating a woman in the Bank of Guam parking lot and dragging her to the parking lot of Pay-Less Supermarket in Mangilao, said Guam Police Department spokesperson Sgt. Paul Tapao at the time of the incident.
The dismissal of the local case in the Superior Court of Guam prompted the federal government to also dismiss one of the allegations of violation levied in District Court.
Based on the remaining violations, Elm was facing up to a year incarceration and has served seven months in prison.
But for the last six months Elm has stayed on track and is ready to graduate from the inpatient treatment program. In light of this, Elm's attorney, Curtis Vandeveld, pushed for time served.
U.S. Assistant Attorney General Marivic David and the U.S. Probation Office did not oppose the request and were on board with a recommendation for time served.
Bordallo agreed to recommend time served and released Elm a few days early from inpatient treatment, on the condition that he continue with outpatient treatment. Bordallo said, "Outpatient treatment is just as critical."
Elm remains on release.
He will appear before Chief Judge Francis Tydingco-Gatewood for a disposition hearing on Aug. 19 to address the sentencing recommendation.