Pago Pago, AMERICAN SAMOA — A man convicted of unlawful possession of illegal drugs told the court that the 11 months he spent at TCF was more than enough to teach him to become a better man in the future.
Felise Anapapa, who has been in custody since his arrest last year, unable to post his $5,000 surety bond appeared in Court two weeks ago for sentencing.
Anapapa was initially charged with one count of unlawful possession of methamphetamine (meth), a felony punishable by imprisonment term of not less than five nor more than ten years, a fine of not less than $5,000 not more than $20,000, or both.
Under a plea agreement with the government, accepted by the court, Anapapa pled guilty to the amended charge of unlawful possession of meth, a class D, punishable by imprisonment term of up to five years, a fine of up to $5,000, or both.
By his guilty plea, he admits that on July of last year, he had in his possession a stamp-sized baggie containing meth when police searched him.
The court sentenced Anapapa to five years imprisonment and a fine of $2,000. Execution of the term of imprisonment was suspended and he was placed on probation for five years subject to several conditions.
He was ordered to serve a period of detention of 20 months at the Territorial Correctional Facility (TCF). He was credited for the 11 months he already served while awaiting the outcome of this matter.
The court also ordered the defendant to pay his fine.
According to the court, Anapapa’s sentence will run consecutively with a prior sentence from District Court.
BACKGROUND
While in jail for sentencing on his original conviction, he was arrested again, one month later, along with two other inmates for the alleged beating of another inmate inside the TCF.
Anapapa, along with the two co-defendants were each charged with one count of public peace disturbance (PPD).
He was sentenced to 12 months probation.
FAATONU SEMISI
A man convicted of violating local drug laws was sentenced to 5 years probation.
Faatonu Semisi, who has been in custody since his arrest last year appeared in Court last month for sentencing.
Semisi was initially charged with unlawful possession of a controlled substance, meth, a felony. But under a plea agreement, accepted by the government in December of last year, Semisi pled guilty to the lesser charge of unlawful possession of meth, a class D felony, punishable by imprisonment of up to 5 years, a fine of up to $5,000 or both.
With his guilty plea, Semisi admits that in August of 2021, he possessed a glass pipe containing meth when police searched him during a public peace disturbance incident.
When given the chance to address the court, Semisi apologized and begged for a second chance to return home to care for his wife and children. He told the court that the 10 months he spent in jail was a very hard time for him, knowing that he had failed to fulfill his duty as a father and a husband.
His defense attorney asked the court to sentence Semisi to a probated sentence to allow him to go back home and seek gainful employment to provide for his family, and that his client was caught with a small amount of meth in his possession.
The prosecutor echoed the defense’s statement for a probated sentence, saying that the government believes the defendant is truly remorseful for his crime and he is a suitable candidate for a probated sentence.
She also told the court that the defendant has already served 10 months in jail, while awaiting the outcome of his case.
The court asked about Semisi's immigration status and was told by the defendant’s attorney that it is still current and his wife is his sponsor.
The court stated that there were many other defendants like Semisi who come before the court for unlawful possession of illegal drugs. However, the court feels that Semisi’s case is different from all other cases because he was living a useful life until he was arrested in this case.
“Your actions cost you your good family and your job,” the court told Semisi. “You need to put a stop to this behavior before it gets worse and you will not want to see the bad outcome and the consequences of your actions.”
Semisi was sentenced to 5 years imprisonment and a $2,000 fine. Execution of sentence was suspended and Semisi was placed on probation for the period of 5 years subject to several conditions.
He must serve a period of detention of 20 months without release, and was credited for the over 10 months he served during his pretrial detention.
Semisi was told that this particular panel of judges wants to invest in people’s lives. They believe that you’re one (who can learn from this) “but once you fail we can change our minds.”
ALESANA SANELE
A young man convicted of violating local drug laws promised the court that he would never come back to court for any offense in the future.
Alesana Sanele, who has been in custody for five months since his arrest in May of last year, unable to post his $10,000 surety bond, appeared in Court last week for sentencing.
Sanele was initially charged with one count of unlawful possession of methamphetamine, an unclassified felony, punishable by imprisonment from 5 to 10 years, a fine of up to $20,000, or both; along with 2 counts of 1st- degree burglary and 2 counts of attempted stealing, all class C felonies, punishable by imprisonment of up to 7 years, a fine of up to $5,000 fine or pursuant to A.S.C.A 46.2101, a fine equal to twice the amount of gain from the commission of said crime, up to maximum of $20,000, or both such fine and imprisonment for each count.
Under a plea agreement with the government, accepted by the court in May of last year, Sanele pled guilty to the amended charge of unlawful possession of meth. The remaining charges were dismissed as part of the plea agreement.
Sanele admits that he unlawfully entered a store in Nuuuli on the night of May 30, 2021 for the purpose of committing a crime, however, when he was apprehended, cops found two glass pipes containing meth in his pocket.
When given the chance to address the court, Sanele apologized for his actions and requested a second chance. He told the court that he wanted to go back home so that he can get a job to earn money for his elderly mother.
Attorneys from both side asked the court for a probated sentence.
The defense attorney told the court that his client has been a fisherman on a local fishing vessel for 4 years now.
The prosecutor asked the court to adopt the recommendation by Probation and sentence the defendant to a term of probation.
Sanele was sentenced to 5 years imprisonment. Execution of sentence was suspended and Sanele was placed on probation for 5 years subject to several conditions.
He was ordered to serve a period of detention of 20 months at the Tafuna Correctional Facility (TCF), however, the court ordered Sanele serve only 13 months of his period of detention. He will be credited for the 12 months he served during his pretrial conference detention, leaving a balance of one more month to serve.
The court ordered the defendant to seek and secure gainful employment to pay his $2,000 fines. Probation review is in March 2023.
The court advised the defendant to use the chance the court has given him wisely or otherwise there will be no more second chance for him.
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