Senior District Judge Alex R. Munson, who is on island, ruled that Melvin Nakatsuka Basa’s written motion was untimely since it was filed on June 15, 2011, while the order and the revocation judgment were dated Feb. 26,. 2010.
The motion was also meritless, Munson said, adding that Basa, 39, “seems to think that a revocation of supervised release requires conviction upon a trial of Sixth Amendment dimension, but [t]here is no right to a jury trial for such post-conviction determinations.”
Munson said Basa “admitted the facts constituting the violation of his terms of supervised release.”
As such, “the preponderance-of-the-evidence finding was easily made, and [Basa] cannot be heard to complain that ‘he simply was not guilty’ of any such violation,” the judge said.
Basa asked the federal court to reconsider its order and revocation judgment in a written motion sent from the U.S. Penitentiary in Tucson, Arizona.
Basa is expected to be released from federal prison on March 24, 2012.
On Feb. 26, 2010, Munson sentenced Basa to served 29 months in federal prison.
The U.S. Probation Office asked the court to revoke Basa’s terms of supervised release after the probationer was charged in Superior Court on Dec. 4, 2009 with criminal trespass, interfering with domestic violence report, assault with a dangerous weapon, assault and battery, and disturbing the peace.
The Superior Court sentenced Basa to 29 months imprisonment, to be served concurrently with the 29-month prison term imposed by the federal court, after he admitted charges of criminal trespass and assault with a dangerous weapon in March 2010.
Basa, who was drunk at that time, had an argument with his wife, and then attacked his in-laws with a knife on Nov. 28, 2009 at the victims’ residence in As Lito.
On Feb. 25, 2000, Munson sentenced Basa with 102 months’ imprisonment followed by five years’ supervised released for taking a motor vehicle transported in foreign commerce, and affecting commerce by robbery.
