The U.S. Probation Office has found that Francisco N. Basa, a federal probationer who had been found violating the conditions of his supervision several times, had been found to have used methamphetamine or “ice” again.
U.S. probation officer Gregory F. Arriola informed the U.S. District Court for the NMI that Basa used methamphetamine last Nov. 21 in violation of the condition of his supervision.
Arriola recommended that the U.S. District Court for the NMI revoke or modify the term of Basa’s supervision.
District Court Chief Judge Ramona V. Manglona summoned Basa last Friday to appear in court this Thursday at 1:30pm to explain why his supervision should not be revoked. Basa was served with the summons yesterday.
Arriola said that Basa violated the mandatory condition of his supervision that requires him to refrain from any unlawful use of a controlled substance.
Arriola said that Basa reported to the U.S. Probation Office last Nov. 22 and was subjected to an unobserved drug test by U.S. probation officer. Arriola said the test panel indicated presumptive positive result for the use of methamphetamine.
When confronted with the results, Basa admitted to the officer that he used the drug the previous day to help him stay awake, Arriola said.
The probation officer said that Basa met with him last Nov. 29 for a noncompliance meeting. This time, Arriola said, Basa stated he used methamphetamine because he wanted to get caught.
Arriola said Basa explained that he was scared to finish up his term of supervised release early and was fearful of reverting back to his old ways. He said Basa agreed to avoid any further drug use.
Arriola said that Basa continues to report to his counseling sessions and to undergo random drug tests as instructed.
Basa has been employed since Aug. 17, 2019.
In 2006, the court sentenced him to four years and six months imprisonment for conspiracy to distribute 50 grams of methamphetamine. He was placed on probation after completing the prison term.
The court had revoked defendant’s supervised release several times in the past for violating the conditions of the terms of his probation. Most of his violations was for using “ice.”
Basa was released on Jan. 26, 2016, to allow him to enter the Drug Offender Re-entry Program. His term of supervised release began on Jan. 26, 2016.
Arriola said Basa’s progress in the DORE Program was marginal.
On April 22, 2016, Basa received a 24-hour jail sanction. On May 24, 2016, he received a one-week jail sanction, which was suspended.
On June 29, 2016, he received a seven-day jail sanction, to include a term of location monitoring.
On Oct. 4, 2016, he failed to earn credit. On Oct. 25, 2016, he received a 21-day jail sanction. On Dec. 20, 2016, he was terminated from the DORE Program, and received a two-month jail sanction.
It was ordered that he return to traditional supervision upon his release from imprisonment on Feb. 20, 2017.
On April 11, 2017, Basa’s term of supervised release was revoked for failure to follow the instructions of the probation officer and multiple missed drug testing, and counseling sessions.
He received a sentence of 24 months imprisonment, followed by an 18-month term of supervised release. His fifth term of supervised release began on Dec. 21, 2018, and was set to expire on June 20, 2020.
On Dec. 28, 2018, a status conference was held shortly after Basa was released from the Bureau of Prisons.
During the hearing, Manglona informed Basa that she would exercise the court’s authority to terminate his term of supervised release early if he could remain sober for a 12-month period.
Arriola said that, on July 25, 2019, a report on offender under supervision was filed after Basa was arrested by local law enforcement officers for the offenses of disturbing the peace and assault and battery.
Arriola said the CNMI Office of the Attorney General later declined to prosecute the case.