An ex-convict who was slapped in 2012 with a 24-month prison term after being convicted of possession of a firearm has admitted to allegations that he has been using methamphetamine or “ice” again, in violation of his supervision condition.
Justin A. Funkugub’s lawyer, David G. Banes, told the U.S. District Court for the NMI on Friday that his client’s “ice” use was just once in the last almost four months, since November 2016. He recommended a sentence of just 30 days, all suspended except 15 days. The sentencing was held Friday.
Banes said that Funkugub gave in to temptation as he had been repeatedly trying to contact his foster family and only realized that day that they had abandoned him.
Even so, Banes said, Funkugub did not go looking for “ice” or alcohol. Instead, someone came to him and offered him a hit from a lit pipe.
The lawyer said Funkugub was feeling depressed so he gave in and took the pipe.
Banes asked the court to allow Funkugub to continue to be a productive member of society and a good husband and father to his adopted family.
He said 15 days of prison term is appropriate so Funkugub won’t lose his job or his last chance at having a family.
Funkugub was summoned to appear before U.S. District Court for the NMI designated judge David O. Carter on Friday, for revocation hearing.
According to U.S. probation officer Gregory F. Arriola, Funkugub tested positive for the use of methamphetamine last Jan. 11. He said Funkugub also violated the location monitoring program rules when he made an unauthorized movement last Jan. 30.
Arriola said Funkugub first denied using “ice” but later admitted, saying he was tired and needed the energy.
Last Nov. 9, the court revoked Funkugub’s probation for testing positive for “ice” use. He was sentenced to eight days imprisonment, followed by 26 months of supervised release.
In November 2012, Funkugub was sentenced to 24 months in prison for pleading guilty to the offense of felon in possession of a firearm. He was given credit for 40 days of time served.
Funkugub was found in possession of a revolver that had an obliterated serial number.
In February 2015, the court revoked Funkugub’s supervised release for admitting to drug use on multiple occasions and his failure to report for drug testing and counseling sessions. He was ordered to serve three months in prison, followed by a 33-month term of supervised release.
In July 2015, the U.S. Probation found out that the defendant used “ice” on two separate occasions and failed to report to multiple counseling sessions. The court did not revoke his probation as he was compliant and was taking care of a sick uncle.
Last May, the U.S. Probation found out that Funkugub failed to attend a counseling session, failed to report to two drug tests, failed to follow a probation officer’s instructions, and admitted to “ice” use last June 7.
Last June, the court sentenced him to three days of time served, followed by 27 months of supervised release. Funkugub was ordered to serve six months under home detention.