First offender convicted for receiving stolen goods released with time served

Pago Pago, AMERICAN SAMOA — A man who was convicted of receiving stolen goods has been sentenced to five years probation.

Lumepa Makesi, under a plea agreement with the government, Makesi pled guilty to the amended charge of receiving stolen property, a class D felony punishable by a jail term of up to five years, a fine of up to $5,000, or both.

With his guilty plea, Makesi admits that on Oct. 20, 2021, he received from someone, property valued at less than $100 that was stolen from a store in Nu’uuli.

During sentencing, Makesi apologized for his actions and asked for a second chance so he can continue caring for his family.

Defense told the court that his client is a first time offender and he asked the court for a probated sentence without any period of incarceration. He said his client spent almost 10 months at the Territorial Correctional Facility (TCF), and he lost his job as a result.

The prosecutor did not oppose the defense's request for a probated sentence.

The court agreed, and noted that the defendant has no prior criminal record in High Court, and only a few appearances in District Court.

Makesi was sentenced to 5 years imprisonment; however, execution of the sentence was suspended and he was placed on probation for five years under the condition that he remains law-abiding, and pay a fine of $1,000 and restitution of $295.83

He was sentenced to serve 10 months at the TCF and was credited for the time he already served. The defendant was released from custody on the day of his sentencing.

RICHARD SALIMA

A young man convicted of burglarizing a home and stealing several items worth $1,139 was released from custody last week after the court decided that the 259 days he served while awaiting the outcome of his case was quite enough detention for this matter.

Richard Salima, who had been in custody since his arrested last year appeared in Court last week for sentencing.

Salima, in a plea agreement with the government, accepted by the Court in May of this year, pled guilty to 2nd-degree burglary, a class D felony, punishable by imprisonment of up to 5 years, a fine of up to $5,000, or both.

When given the chance to address the court, he apologized for his crime and asked the court for a chance to return home to be with his family and seek employment to provide food for his parents and young siblings. He told the court that he’s truly remorseful for what he did and he will not violate any laws in the future.

The defense attorney asked the court for a probated sentence without any additional period of detention. He informed the court that his client had served 259 days at the Territorial Correctional Facility (TCF) while awaiting the outcome of his case.

The prosecutor echoed the defense’s submission and told the court that the defendant is a suitable candidate for a probated sentence.

When questioned about the defendant’s immigration status, defense attorney informed the court that based on the information he received from the government a request to renew the defendant’s immigration status has already been filed at the Immigration Office by the defendant’s mother. The only thing left is for the defendant to take his photo immigration identification (I.D).

Prosecutor confirmed to the court that a petition to renew the defendant’s ID was filed at the immigration office while the defendant was in custody.

After reviewing submissions from both parties, along with the defendant’s statement and the Pre Sentence Report, the court stated that the defendant’s conviction stems from an incident where he unlawfully entered into the home of another person and stole several items which cost over $1,139.

The good news is, according to the court, the stolen items were recovered by cops and returned to the owner.

Salima was sentenced to 7 years imprisonment. Execution of the sentence was suspended and the defendant was placed on probation for 5 years subject to several conditions. He’s ordered to serve 20 months at the TCF. He will be credited for the 259 days he already served while awaiting his case.

The court deferred the balance of detention, and the defendant was released from custody after his sentence was announced.