Villagomez Could Face More Prison Time

April 2, 2013

Federal Court Judge Alex Munson ordered former Lt. Timothy Villagomez to return to the CNMI to face resentencing. It is likely he will be sentenced to additional years in prison for misuse of public funds in a scheme to defraud the Commonwealth Utilities Corporation. His court date is scheduled for June 12, 2013.

Currently Villagomez is in Tuscon federal penitentiary serving a seven year, three month sentence.  He is scheduled to be released in December 2015.

Villagomez  appealed his case to the Ninth District Court of Appeals where he lost his appeal. However, the appeals court determined that the district court had erred in his sentencing. From the court order:
"The district court erred in finding that a four-level increase for Villagomez for participating in high-level public corruption would be double counting when combined with his base level of 14, which was based on his status as a public official. In calculating the Sentencing Guidelines range, “double counting” is allowed when the increases account for distinct harms. United States v. Holt, 510 F.3d 1007, 1012 (9th Cir. 2007). As opposed to the base-level for all public officials, U.S.S.G. § 2C1.1(b)(3) applies a 4-level increase to all defendants involved in a crime of high-level corruption, whether a public official or otherwise." 
"Thus, the distinct harm at which § 2C1.1(b)(3) is aimed is the corruption of highlevel public officials as distinct from an individual official’s breach of the public trust." 
"For the foregoing reasons, we AFFIRM the district court with respect to the Defendants’ appeals, and we VACATE Villagomez’s sentence and REMAND for new sentencing proceedings consistent with this disposition."
The court order:

5 comments:

Anonymous said...

Federal sentencing is so medieval it's a National disgrace. Tim is a non violent offender who sold some industrial cleaner and he get's a lifetime. There are serial rapists in California that are let out after two years. It costs the US taxpayers ten times what Tim stole. Insane. Let this guy move back and pick up trash on the side of the road for the next five years. For a high ranking Chamorro that is the worst kind of punishment.

Wendy Doromal said...

3:31

Your comment is offensive on many levels. Timothy Villagomez was the 2nd highest official in the CNMI when he schemed with his sister and her husband to STEAL public funds. He is a crook who breached public trust and he defrauded the CUC with his Rydlyme scheme. He should get the stiffest sentence that is allowed so others learn that they may not break the law and get a slap on the hand. Where did you read that he was "getting life"? No, he should not "move back" and pick up trash.

Anonymous said...

Not only did Tim run this scam once but twice as a highly trusted goverment offical at CUC and then as the Lt. Gov! There is more to what scams he ran over a 12 year period than the one he was caught in. He always thought he was above the law and had so much contempt for the law. I personally don't want to see him do more time but the law is the law. Hope this sends a needed message to all high ranking servants of the people.

Anonymous said...

Ex Washington DC Democrat Mayor Marion Barry was caught purchasing and smoking crack cocaine ON camera. He did 6 months. That's offensive.

Anonymous said...

The mentality of #1 is the problem with our peoples way of thinking.
"Since it was not a violent crime then no harm done. Just forgive and forget, especially when he is one that is from an elite family"

First Tim along with many others in the past are so arrogant and think they are above the law, he didn't even try to make a deal to save his family members as other have went the same path and took their family members down with them.
I do not know of one elected or anyone from an elite family that does not show some forms of the same arrogance. Many much orse than others.
I also see it in other parts of the Pacific.
Yet when they get caught they cry like hell and claim they are being picked on or that everyone does it.

Look at the family and friends that tried ti influence the Judge at sentencing time. Look at the last names of many "friends" that wrote letter for "mercy"

A far as picking up trash on the side of the road, that would be good to see if the Judge had sentenced to do that but as we all know if it ever came down to something like that to any of our people with elite names, because of politics, they would never leave an office or just check in by phone and get their paper signed. In the case they were made to actually show up they would end up standing around "supervising" the others that were sentenced to the same fate.