United States v. Jieme N. Portin, United States of America v. Ruben Y. Navarro

Jieme N. Portin and Ruben Y. Navarro appeal their sentences imposed following entry of guilty pleas to conspiracy to commit interstate travel in aid of racketeering enterprises in violation of 18 U.S.C. §§ 2 , 371, 1952 (“ITAR bribery”), and wire fraud in violation of 18 U.S.C. §§ 2 , 371, 1343. Appellants contend the district court exceeded its authority to correct sentencing errors pursuant to Fed.R.Crim.P. 35(c) by increasing the appellants’ fines when it corrected an error as to the custodial portion of their sentences. We have jurisdiction under 28 U.S.C. § 1291 . We vacate the sentences and remand for resentencing.

A. Background

Portin and Navarro, both businessmen residing in Guam, were charged with conspiracy to commit ITAR bribery, interstate travel in aid of racketeering, conspiracy to commit interstate transportation of stolen goods, and wire fraud, stemming from a real estate deal that involved bribing a government of Guam official. Pursuant to plea agreements negotiated pursuant to Fed.R.Crim.P. 11(e)(1)(C), both appellants pleaded guilty to one count of ITAR bribery and one count of wire fraud. The plea agreements provided that if the appellants provided…