Guam man gets 21 months for marijuana and firearms found in probation search
A federal judge sentenced Joseph Wendell Monton Develles, 23, to 21 months in prison for possessing about 3.4 pounds (some 1.5 kg) of marijuana with intent to distribute and keeping firearms while on probation. Probation officers had found the drugs, a pistol, a rifle and $26,300 at his home during a random search.
🇬🇺 District Court of Guam, Hagåtña, Guam
Convicted
1
Sentenced
1
Cannabis
1.542 kg
Prison
21 months
Agencies
District Court of Guam, Superior Court of Guam probation office
The District Court of Guam sentenced Joseph Wendell Monton Develles, 23, to 21
months in federal prison on 13 June 2017 for marijuana and firearms offences.[1]He had pleaded guilty in November to possession of a Schedule I controlled
substance with intent to distribute and to possession of a firearm while on
probation.[1]
Superior Court of Guam probation officers had found two 5-gallon buckets holding
3.4 pounds (about 1.5 kg) of marijuana, a Glock pistol, a rifle, a Glock
magazine with ammunition and $26,300 during a random search of his home.[1]At
the time he was still on probation from a September 2015
driving-under-the-influence case.[1]
Chief Judge Frances Tydingco-Gatewood read the sentence while Develles stood
silently and declined to address the court.[1]His lawyer, David Lujan,
challenged the probation report’s label of him as an addict, and the point was
later withdrawn.[1]Tydingco-Gatewood dismissed the argument that he was a
happy user, saying the offences were serious and that he had tested positive for
marijuana and alcohol when arrested for the DUI.[1]Prosecutors put his base
offence level at 14 under a federal law that labels unlawful drug users
prohibited persons.[1]In his amended plea agreement he admitted smoking
marijuana since he was 16 and called himself a chronic smoker.[1]
Tydingco-Gatewood also ordered two years of supervised release and vocational
training, and allowed him to surrender before serving his sentence.[1]He
asked to be sent to a federal facility in California.[1]
Photos and video
Joseph Wendell Monton Develles arriving at the District Court of Guam for his sentencing hearing on 13 June 2017. Photo: David Castro/The Guam Daily PostPhoto details
The June article gives the weight as 3.4 pounds (about 1.5 kg) at the time of the search and about 3 pounds in the opening summary; the report uses the 3.4-pound search figure.
Only the year of the random probation search is given; no separate date for the search or the indictment is reported.
The article does not say whether the $26,300 was forfeited or returned.
The article says he was sentenced to 21 months in federal prison but gives no facility; Develles asked to be sent to a California facility.
Methamphetamine appears only in the defence lawyer's argument and his reported drug history, with no quantity or separate charge, so no methamphetamine figure is recorded.
The article does not name the prosecutor.
No second opened source for this sentencing was found; the report rests on a single article.
Guam Gov. Lou Leon Guerrero said she would issue an executive order pardoning people convicted of petty crimes or misdemeanors involving marijuana before the island legalized cannabis in 2019. She said the convictions were blocking residents from finding work, and Sen. Clynt Ridgell backed the move.
Guam golfer Nalapon Vongjalorn was sentenced to 10 days in prison on 2 January 2018 after pleading guilty over about 79 grams of marijuana found when he landed at Guam airport in December 2016. A drug-detecting dog alerted customs officers, who found the cannabis in his carry-on luggage and on his person.
A federal judge sentenced former Jose Rios Middle School math teacher Vincent John Quitugua to 57 months in prison on 6 July 2017 over an indoor marijuana grow in Piti, where agents found 121 plants and 429 grams of processed marijuana. Quitugua pleaded guilty in a case mixing methamphetamine and cannabis charges, and the marijuana distribution charge was dismissed.
Former Guam police officer Roy Pablo was sentenced to eight years in prison in Hagatna on 15 January 2015 for growing marijuana while serving in the police department. His companion Ah-Rum Rose Kim received a two-year sentence at the same hearing after pleading guilty to possession with intent to deliver.