839 F.2d 628 (9th Cir. 1988), 86-1176, People of the Territory of Guam v. Iglesias

Docket Nº:86-1176.
Citation:839 F.2d 628
Party Name:PEOPLE OF THE TERRITORY OF GUAM, Plaintiff-Appellee, v. Eduardo D. IGLESIAS, Defendant-Appellant.
Case Date:February 17, 1988
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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839 F.2d 628 (9th Cir. 1988)

PEOPLE OF THE TERRITORY OF GUAM, Plaintiff-Appellee,

v.

Eduardo D. IGLESIAS, Defendant-Appellant.

No. 86-1176.

United States Court of Appeals, Ninth Circuit

February 17, 1988

Argued and Submitted Oct. 9, 1987.

Kathleen Turner, Agana, Guam, for plaintiff-appellee.

Robert Valencia, Berkeley, Cal., for defendant-appellant.

Appeal from the United States District Court for the District of Guam.

Before SCHROEDER and NELSON, Circuit Judges, and LEAVY, [*] Circuit Judge.

SCHROEDER, Circuit Judge:

Appellant Eduardo Iglesias was found guilty of aggravated assault and of possession and use of a deadly weapon during the commission of a felony, by a jury in the Superior Court of Guam. He was sentenced to three years for the aggravated assault and to a ten-year enhancement term pursuant to the provisions of Guam Code Ann. tit. 9, Sec. 80.37, which provides for enhancement when a deadly weapon is used in the commission of a felony. The District Court of Guam, Appellate Division, upheld the conviction and sentence, and we now affirm.

In both this appeal and the appeal to the District Court of Guam, Appellate Division, Iglesias has raised only one issue. He contends that he should not have received enhanced punishment for using a deadly weapon because the underlying felony already included the use of a deadly weapon as an element of the offense. Thus Iglesias claims he was illegally sentenced to the ten-year enhancement term.

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Iglesias was convicted under section 19.20(a)(3) of 9 Guam Code Annotated. Section 19.20(a) reads:

(a) A person is guilty of aggravated assault if he either recklessly causes or attempts to cause:

(1) serious bodily injury to another in circumstances manifesting extreme indifference to the value of human life;

(2) serious bodily injury to another; or

(3) bodily injury to another with a deadly weapon. (emphasis added).

Section 80.37 of Guam Code Ann. tit. 9, the enhancement statute, reads:

Whoever unlawfully possesses or uses a deadly weapon in the commission of a felony punishable under the laws of Guam shall, in addition to the punishment imposed for the commission of such felony, be imprisoned for a term of not less than five (5) years nor more than twenty-five (25) years....

The enhancement statute contains no exceptions and applies to all felonies. There is no...

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