9 Guam Code Ann. § 80.37

Section 80.37 requires punishment for using a deadly weapon to be added to the underlying felony punishment and served consecutively.

The People of the Territory of Guam v. Taisipic · filed 1988-07-08

Under the Guam enhancement statute, punishment for the use of a deadly weapon shall be imposed “in addition to [the punishment for the underlying felony]” and “shall not run concurrently.” 9 Guam Code Ann. § 80.37 (1982); ... Thus, there was no error as to the consecutive sentences imposed in case no. 12F-85.

Section 80.37 authorizes cumulative punishment for using a deadly weapon in a felony, including when the underlying felony is aggravated assault under § 19.20(a)(1).

People of the Territory of Guam v. Snaer · filed 1985-06-28

Guam has clearly indicated its desire to impose cumulative sanctions on those who use deadly weapons in the commission of felonies. ... Use of a deadly weapon is simply not an element of a § 19.20(a)(1) offense.

Section 80.37 requires an additional five-to-twenty-five-year prison term when a person unlawfully possesses or uses a deadly weapon while committing any felony, including inducing or aiding a murder.

The People of the Territory of Guam v. John Junior Pangelinan · filed 1998-05-05

The trial court properly denied Pangelinan's motion for acquittal of the special allegation of possession or use of a deadly weapon in the commission of a felony. Guam law mandates that "[w]hoever 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." 9 Guam Code Ann. § 80.37 (1996). The jury heard sufficient evidence to find beyond a reasonable doubt that Pangelinan's conduct fit squarely within section 80.37: as Pangelinan himself concedes and witnesses' testimony bears out, Pangelinan supplied the gun to Angoco to kill Datuin. Thus, Pangelinan possessed the gun during the commission of a felony--namely, inducing or aiding Angoco to murder Datuin. 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"). Accordingly, we uphold Pangelinan's sentence enhancement.

Section 80.37 permits its special-parole term to run concurrently with a general-parole term.

PEOPLE of the Territory of Guam, Plaintiff-Appellee, v. Pedro D. MATERNE, Defendant-Appellant · filed 1995-12-12

Applying the rule, special parole under section 80.37 should be allowed to run concurrently with general parole under section 80.70.