By By Julianne Hernandez Pacific Daily News
Copyright guampdn
A Department of Corrections inmate who was already serving a nine-year sentence in a separate sexual assault case received no additional prison time on Tuesday for federal charges of possessing meth and other contraband in prison.
District Court of Guam Chief Judge Frances Tydingco-Gatewood sentenced John Boy Trae Duenas, 32, to one day in prison, credit for time already served.
The Tuesday sentence followed Duenas’ guilty plea in April 2024 to one count of possession of contraband in prison.
The conviction stems from a March 13, 2024 search of Duenas’ jail cell at Post 16, Charlie Block, Cell 2, which he shared with inmate Richard Nic Pama Espedion, also known as Richard Pama.
Stated in court on Tuesday was Duenas already serving a nine-year sentence imposed by the Superior Court of Guam after he was accused in 2016, at age 24, of sexually assaulting a then 13-year-old girl.
He has nearly completed that sentence and is eligible for parole at the end of this month, according to his attorney, Leilani V. Lujan.
Lujan asked Tydingco-Gatewood to reduce the recommended four-month federal sentence to one day, with credit for time served.
The attorney said Duenas had already spent 365 days in disciplinary segregation for the contraband offense and cooperated with federal agents in debriefings.
She also told the court that Duenas’ parents are also “gravely ill,” and he is seeking release to help care for them.
“He’s done everything to make amends,” Lujan said.
When given the opportunity to speak, Duenas declined.
U.S. Attorney Rosetta San Nicolas argued for a four-month sentence, citing the seriousness of the offense.
However, she acknowledged Duenas’ cooperation and the year he had already spent in segregation.
“We hope that he doesn’t get into future conduct,” San Nicolas said.
Tydingco-Gatewood granted the defense’s motion and sentenced Duenas to time served. He was committed to the Bureau of Prisons.
Upon release, Duenas will be placed on supervised release for three years.
The court waived a fine but ordered a $100 special assessment fee to be paid immediately. He was advised of his appeal rights and remanded to the custody of the U.S. Marshals Service.
As a condition of his release, Duenas’ federal probation will last three years and must align with any terms of parole, including compliance with sex offender registry requirements.
Long list of found contraband
According to court documents, on March 13, 2024, a corrections officer found a concealed compartment beneath a homemade newspaper shelf on Duenas’ assigned lower bunk.
Inside the hidden compartment, investigators discovered approximately 270 grams of methamphetamine.
Included among other contraband found were makeshift cigarettes, zip lock baggies with white crystal-like substance, vacuum sealed bags containing white crystal-like substance, clear straws containing white crystal-like and white crystal substance, zip lock bags with brown and purple markings containing white crystal-like substance, black iPhone, one black cell phone case, IT&E, GTA and Docomo sim cards, four GTA sim card holders, black SD card, glass pipe with white frosty residue, black digital scale, external battery or power bank, two vaping devices, one fast charging phone stand, and two smoking devices or pipes.
Field tests confirmed the substance was methamphetamine.
During an interview with investigators, Duenas admitted to sharing and using the meth but denied ownership, claiming Espedion received the drugs through the mail.
Authorities concluded Duenas had constructive and joint possession of the contraband, which was concealed within his bunk area.
Prosecutors stated that the seized items qualify as prohibited objects under federal law, including narcotic drugs and mobile communication devices.
According to court documents, they said the presence of such items “threatens the order, discipline, or security of the Guam DOC prison, or the life, health, or safety of an individual,” court documents stated.
