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Former Guam official wants credit for time in custody

HAGATNA, Guam (Pacific Daily News, Aug. 13, 2008) – Gil Shinohara will be released from jail while the Bureau of Prisons calculates what credit, if any, he'll receive toward his federal sentence.

Shinohara appeared before District Court Chief Judge Frances Tydingco-Gatewood for a show cause hearing yesterday and was released with conditions. The chief of staff for former Gov. Carl Gutierrez had asked the federal court that he be given credit for his federal sentence for the time he spent in custody by local authorities.

Shinohara was supposed to start serving a 32-month federal prison sentence in February 2006, in connection with a conviction for conspiracy to commit money laundering and bank fraud.

However, he instead surrendered to local authorities to answer to local charges.

Shinohara was charged in local court with allegedly working with Gutierrez and former Retirement Fund Director John Rios to get the former governor more money from the fund that he was entitled to receive.

On Aug. 6, a Superior Court of Guam Jury found Shinohara not guilty on a misdemeanor charge of conspiracy to defraud the Retirement Fund, theft by deception, conspiracy to commit theft by deception, and official misconduct.

Shinohara said that as of Aug. 11, he has been in custody for 915 days and if credit for "good time" is included, he should receive another 108 days of sentencing credit, according to court documents.

"Based upon these calculations, (Shinohara) is in federal official detention beyond the 32 months sentence imposed, yet he remains in custody," court documents filed by Shinohara's legal team state

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