People of the Territory of Guam v. Eduardo D. Iglesias, 839 F.2d 628 (9th Cir. 1988). · Go Syfert
People of the Territory of Guam v. Eduardo D. Iglesias, 839 F.2d 628 (9th Cir. 1988). Cases Citing This Book View Copy Cite
18 citation events (6 in the last 25 years) across 4 distinct courts.
Strongest positive: People of Guam v. Emmanuel Manny Reselap (guam, 2022-03-23)
Top citers, strongest first. 11 distinct citers. How cited ↗
discussed Cited as authority (rule) People of Guam v. Emmanuel Manny Reselap (2×) also: Cited "see"
Guam · 2022 · confidence medium
Iglesias, 839 F.2d at 629-30 [23] We find no compelling reason to deviate from our holdings in Moses or Afaisen.
cited Cited as authority (rule) Weishampel v. Circle of Children
D. Or. · 2019 · confidence medium
P. 15(a)(2); Karim- Panaht, 839 F.2d at 628.
discussed Cited as authority (rule) Scott A. Taber v. Robert S. Maine, and United States of America
2d Cir. · 1995 · signal: cf. · confidence medium
See Concepcion v. United States, 374 F.Supp. 1391, 1395 (D.Guam 1974) (noting that the respondeat superior section of the Civil Code of Guam was “taken verbatim” from the California Civil Code and that “[t]he California cases construing the doctrine ... are persuasive in the construction of similar Guam laws”); cf. People of the Territory of Guam v. Iglesias, 839 F.2d 628, 629 (9th Cir.1988) (‘We should [be guided by California law] when California law forms the antecedent of a Guam statute and the intent of the Guam legislature is difficult to discern”).
discussed Cited as authority (rule) Scott A. Taber v. Robert S. Maine, and United States of America (2×)
2d Cir. · 1995 · signal: cf. · confidence medium
See Concepcion v. United States, 374 F.Supp. 1391, 1395 (D.Guam 1974) (noting that the respondeat superior section of the Civil Code of Guam was "taken verbatim" from the California Civil Code and that "[t]he California cases construing the doctrine ... are persuasive in the construction of similar Guam laws"); cf. People of the Territory of Guam v. Iglesias, 839 F.2d 628, 629 (9th Cir.1988) ("We should [be guided by California law] when California law forms the antecedent of a Guam statute and the intent of the Guam legislature is difficult to discern").
discussed Cited as authority (rule) Lawtis Donald Rhoden v. James Rowland, Director, California Department of Corrections (2×)
9th Cir. · 1993 · confidence medium
However, "[i]t is well settled that a single transaction can give rise to distinctive offenses under separate statutes without violating the Double Jeopardy Clause." People of the Territory of Guam v. Iglesias, 839 F.2d 628, 629 (9th Cir.1988) (citing Albernaz v. United States, 450 U.S. 333, 344 , 101 S.Ct. 1137, 1145 , 67 L.Ed.2d 275 (1981)). 25 Under California law, a defendant may receive multiple punishments for numerous sex offenses rapidly committed with the sole aim of sexual gratification.
cited Cited as authority (rule) People of Territory of Guam v. Benjamin Meno Muna
9th Cir. · 1993 · confidence medium
People v. Iglesias, 839 F.2d 628, 629 (9th Cir.1988).
cited Cited as authority (rule) Frank D. Hardin v. Robert G. Borg, Warden and John Van De Kamp
9th Cir. · 1992 · confidence medium
People of the Territory of Guam v. Iglesias, 839 F.2d 628, 629 (9th Cir.1988).
discussed Cited as authority (rule) Kade Allen v. Jerry Stainer, Warden
9th Cir. · 1992 · confidence medium
"It is well settled that a single transaction can give rise to distinct offenses under separate statutes without violating the Double Jeopardy Clause." People of the Territory of Guam v. Iglesias, 839 F.2d 628, 629 (9th Cir.1988) (citation omitted).
cited Cited "see" The People of the Territory of Guam v. John Junior Pangelinan
9th Cir. · 1998 · signal: see · confidence high
See Guam v. Iglesias, 839 F.2d 628, 629 (9th Cir.1988) (finding that section 80.37 "contains no exceptions and applies to all felonies").
discussed Cited "see" The People of the Territory of Guam v. Daniel Lucien Turner
9th Cir. · 1997 · signal: see · confidence high
See People of Territory of Guam v. Iglesias, 839 F.2d 628, 629 (9th Cir.1988); People of Territory of Guam v. Borja, 732 F.2d 733, 736 (9th Cir.), cert. denied, 469 U.S. 919 (1984). 1 7 Because Turner has no valid statutory speedy trial claim, 2 there was no prejudice from his counsel's failure to reassert that losing claim on appeal to the district court.
cited Cited "see" The People of the Territory of Guam v. Martin M. Viloria
9th Cir. · 1996 · signal: see · confidence high
See People of Territory of Guam v. Iglesias, 839 F.2d 628, 629 (9th Cir.1988); People of Territory of Guam v. Borja, 732 F.2d 733, 736 (9th Cir.), cert. denied, 469 U.S. 919 (1984).
Retrieving the full opinion text from the archive…
PEOPLE OF THE TERRITORY OF GUAM, Plaintiff-Appellee,
v.
Eduardo D. IGLESIAS, Defendant-Appellant
86-1176.
Court of Appeals for the Ninth Circuit.
Feb 17, 1988.
839 F.2d 628
Kathleen Turner, Agana,. Guam, for plaintiff-appellee., Robert Valencia, Berkeley, Cal, for defendant-appellant.
Schroeder, Nelson, Leavy.
Cited by 12 opinions  |  Published
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, § 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 Iglesi-as claims he was illegally sentenced to the ten-year enhancement term.

[*629] 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 question that the legislature has the power to impose multiple punishments for the same conduct. “It is well settled that a single transaction can give rise to distinct offenses under separate statutes without violating the Doublé Jeopardy Clause.” Albernaz v. United States, 450 U.S. 333, 344, 101 S.Ct. 1137, 1145 n. 3, 67 L.Ed.2d 275 (1981); see also Blockburger v. United States, 284 U.S. 299, 304, 52 S.Ct. 180, 182, 76 L.Ed. 306 (1932). The test is one of statutory construction and legislative intent. Alb ernaz, 450 U.S. at 340, 101 S.Ct. at 1143; People of the Territory of Guam v. Snaer, 758 F.2d 1341, 1344 (9th Cir.), cert. denied, 474 U.S. 828, 106 S.Ct. 90, 88 L.Ed.2d 74 (1985).

In Snaer, we left open the question presented here. In that case, we held that the enhancement provision clearly applied when the underlying aggravated assault conviction was not based upon section 19.-20(a)(3), the deadly weapon subsection, but instead was based on section 19.20(a)(1), the subsection condemning reckless indifference to human life. We have more generally discussed the legislative intent behind this enhancement provision in People of the Territory of Guam v. Borja, 732 F.2d 733, 736 (9th Cir.), cert. denied, 469 U.S. 919, 105 S.Ct. 300, 83 L.Ed.2d 235 (1984). We there said: “Section 80.37 is an unambiguous expression of the Guam legislature’s intent to impose additional punishment on those who use weapons during the commission of felonies. See 2A C. Sands, Sutherland Statutory Constmetion § 4604 (1973). That legislative intent should be honored.”

Iglesias’ only contention here is that we should look to the law of California in interpreting the statute, as we have held we should do when California law forms the antecedent of a Guam statute and the intent of the Guam legislature is difficult to discern. Borja, 732 F.2d at 735. However, in this case the legislature’s intent is not obscure. We agree with the district court when it stated:

Had the Guam legislature wished to exclude any felony from the reach of Section 80.37, the Legislature could have easily done so under Public Law 14-143. It obviously chose not to. This legislative inaction, together with the clear and unambiguous language of Section 80.37 and the legislative history of Section 80.-37 evidences that the Guam Legislature intended to enhance the punishment for all those who possess or use a deadly weapon “in the commission of a felony punishable under the laws of Guam.” (citation omitted).

Guam v. Iglesias, No. 85-00020A, slip op. at 4 (filed June 27, 1986).

Moreover, appellant’s reliance upon California authority is misplaced. Appellant relies upon Ex parte Shull, 23 Cal.2d 745, 146 P.2d 417 (1944), which held that the deadly weapon enhancement statute then in effect in California did not apply when the underlying felony was assault with a deadly weapon. The California legislature subsequently enacted a statute that effectively overruled that decision. CaLPenal Code § 12022.5 (1969). More importantly, however, there is no indication whatever that Guam looked to California law when it enacted its enhancement provision in 1978. The language of the 1978 Guam and 1978[*630] California statutes bear little similarity. [1] California by this time had done another about face, and its enhancement statute spelled out that it did not apply when possession of a weapon was an element of the offense. Guam clearly did not adopt that language, nor did it suggest that it intended that result.

Appellant’s sentence was proper. The judgment is AFFIRMED.

1

. The version of the California statute in effect in 1978 read as follows:

"Any person who personally uses a firearm in the commission or attempted commission of a felony shall, upon conviction of such felony or attempted felony, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which he has been convicted, be punished by an additional term of two years, unless use of a firearm is an element of the offense of which he was convicted."