United States v. Francisco Demapan Dela Cruz

Francisco Dela Cruz, a resident of the Commonwealth of the Northern Mariana Islands (“CNMI”), was indicted by a federal grand jury on two counts of making telephonic bomb threats in violation of 18 U.S.C. § 844 (e). The charges stemmed from two incidents in which Dela Cruz made calls from his office on Saipan to the Superior Court of the CNMI stating that explosives were located in the courthouse. Dela Cruz was convicted after a jury trial and in this direct appeal challenges both his conviction and sentence.

The only issue deserving more than summary discussion is his contention that the district court erred in ruling him ineligible for a downward departure under United States Sentencing Guidelines § 5K2.13 (2002). Section 5K2.13 provides that a sentence below- the customary range may be appropriate where the defendant suffered from significantly reduced mental capacity, so long as his crime did not involve a serious threat of violence. Dela Cruz relies on our decision in United States v. Walter, 256 F.3d 891 (9th Cir.2001), to support his argument that his crime did not involve such a threat.

In Walter , the defendant sent a letter in the name of another person to the…