FSM v Shiro [2018] FMSC 49; Criminal Case 2016-1503 (9 August 2018)

IN THE SUPREME COURT OF THE
FEDERATED STATES OF MICRONESIA
TRIAL DIVISION - CHUUK STATE

CRIMINAL CASE NO.: 2016-1503

FEDERATED STATES OF MICRONESIA
Plaintiff,

v.

LUCKY SHIRO, ONSORI SINO, TAISIRO LOVES, and KACHURA ANGKEN
Defendants

JUDGMENT OF CONVICTION AND SENTENCING ORDER

On August 8, 2018, a sentencing hearing was held for the defendants, Lucky Shiro, Onsori Sino, Taisiro Loves, and Kachura Angken. FSM Assistant Attorney General Abigail J. Avoryie, Esq. appeared on behalf of the plaintiff, Federated States of Micronesia.

Chief Public Defender Lorrie Johnson-Asher, Esq., represented the defendant Taisiro Loves, who appeared personally in court. Assistant Public Defender Bethwell O'Sonis, Esq., represented the defendant Lucky Shiro, who was also present in court. Assistant Public Defender Timoci Romanu, Esq., represented the defendant, Kachura Angken, who appeared personally in court. Charleston Bravo, Assistant Public Defender, appeared on behalf of defendant Onsori Sino, who was also present.

IT IS ADJUDGED that the defendant, Lucky Shiro, has been convicted after a plea of not guilty, trial, and a finding of guilt as to Count VIII of the Information for Trafficking in Children, pursuant to 11 F.S.M.C. 612 and 616. The defendant, Lucky Shiro was informed at the sentencing hearing and is HEREBY ADVISED of his right to appeal and of the right of a person who is unable to pay the cost of an appeal to apply for leave to appeal in forma pauperis, pursuant to FSM App. R. 24 (a).

IT IS ADJUDGED that under Count VIII for Trafficking in Children, the defendant Lucky Shiro, is hereby sentenced to fifteen (15) years imprisonment, all of which shall be suspended except for nine (9) years, which shall be served in imprisonment in the Chuuk State Jail. The defendant Lucky Shiro shall report to the Chuuk State Jail on Thursday, August 16, 2018 before 12:00 p.m. to begin his sentence in this matter.

IT IS ADJUDGED that the defendant, Lucky Shiro, shall pay the amount of $1,000.00 in restitution to the victim, Aqua Menia Luther, and shall pay the amount of $50.00 per month beginning on October 1, 2018, and payments shall be made to the State Justice Ombudsman, no later than the 1st day of each month, until the satisfaction of the restitution amount.

IT IS ADJUDGED that while the defendant Lucky Shiro is imprisoned or on probation he shall obey the following conditions:

He shall obey all laws, FSM, State, and Municipal to which he is subject to;
He shall report to the Justice Ombudsman as directed by the Justice Ombudsman;
He shall not leave the State of Chuuk without express permission of the court.

IT IS ADJUDGED that the defendant, Onsori Sino, has been convicted after a plea of not guilty, trial, and a finding of guilt as to Count I of the Information for Trafficking in Children, pursuant to 11 F.S.M.C. 612 and 616. The defendant, Onsori Sino was informed at the sentencing hearing and is HEREBY ADVISED of his right to appeal and of the right of a person who is unable to pay the cost of an appeal to apply for leave to appeal in forma pauperis, pursuant to FSM App. R. 24 (a).

IT IS ADJUDGED that under Count I for Trafficking in Children, the defendant Onsori Sino, is hereby sentenced to fifteen (15) years imprisonment, all of which shall be suspended except for nine (9) years, which shall be served in imprisonment in the Chuuk State Jail. The defendant Onsori Sino shall report to the Chuuk State Jail on Thursday, August 16, 2018 before 12:00 p.m. to begin his sentence in this matter.

IT IS ADJUDGED that the defendant, Onsori Sino, shall pay the amount of $1,000.00 in restitution to the victim, Aqua Menia Luther, and shall pay the amount of $50.00 per month beginning on October 1, 2018, and payments shall be made to the State Justice Ombudsman, no later than the 1st day of each month, until the satisfaction of the restitution amount.

IT IS ADJUDGED that while the defendant Onsori Sino is imprisoned or on probation he shall obey the following conditions:

He shall obey all laws, FSM, State, and Municipal to which he is subject to;
He shall report to the Justice Ombudsman as directed by the Justice Ombudsman;
He shall not leave the State of Chuuk without express permission of the court;

IT IS ADJUDGED that the defendant, Taisiro Loves, has been convicted after a plea of not guilty, trial, and a finding of guilt as to Count V of the Information for Trafficking in Children, pursuant to 11 F.S.M.C. 612 and 616. The defendant, Taisiro Loves was informed at the sentencing hearing and is HEREBY ADVISED of his right to appeal and of the right of a person who is unable to pay the cost of an appeal to apply for leave to appeal in forma pauperis, pursuant to FSM App. R. 24 (a).

IT IS ADJUDGED that under Count V for Trafficking in Children, the defendant Taisiro Loves, is hereby sentenced to fifteen (15) years imprisonment, all of which shall be suspended except for nine (9) years, which shall be served in imprisonment in the Chuuk State Jail. The defendant Taisiro Loves shall report to the Chuuk State Jail on Thursday, August 16, 2018 before 12:00 p.m. to begin his sentence in this matter.

IT IS ADJUDGED that the defendant, Taisiro Loves, shall pay the amount of $1,000.00 in restitution to the victim, Aqua Menia Luther, and shall pay the amount of $50.00 per month beginning on October 1, 2018, and payments shall be made to the State Justice Ombudsman, no later than the 1st day of each month, until the satisfaction of the restitution amount.

IT IS ADJUDGED that while the defendant Taisiro Loves is imprisoned or on probation he shall obey the following conditions:

He shall obey all laws, FSM, State, and Municipal to which he is subject to;
He shall report to the Justice Ombudsman as directed by the Justice Ombudsman;
He shall not leave the State of Chuuk without express permission of the court.

IT IS ADJUDGED that the defendant, Kachura Angken, has been convicted after a plea of not guilty, trial, and a finding of guilt as to Count IV of the Information for Trafficking in Children, pursuant to 11 F.S.M.C. 612 and 616. The defendant, Kachura Angken was informed at the sentencing hearing and is HEREBY ADVISED of his right to appeal and of the right of a person who is unable to pay the cost of an appeal to apply for leave to appeal in forma pauperis, pursuant to FSM App. R. 24 (a).

IT IS ADJUDGED that under Count IV for Trafficking in Children, the defendant Kachura Angken, is hereby sentenced to fifteen (15) years imprisonment, all of which shall be suspended except for nine (9) years, which shall be served in imprisonment in the Chuuk State Jail. The defendant Kachura Angken shall report to the Chuuk State Jail on Thursday, August 16, 2018 before 12:00 p.m. to begin his sentence in this matter.

IT IS ADJUDGED that the defendant, Kachura Angken, shall pay the amount of $1,000.00 in restitution to the victim, Aqua Menia Luther, and shall pay the amount of $50.00 per month beginning on October 1, 2018, and payments shall be made to the State Justice Ombudsman, no later than the 1st day of each month, until the satisfaction of the restitution amount.

IT IS ADJUDGED that while the defendant Kachura Angken is imprisoned or on probation he shall obey the following conditions:

He shall obey all laws, FSM, State, and Municipal to which he is subject to;
He shall report to the Justice Ombudsman as directed by the Justice Ombudsman;
He shall not leave the State of Chuuk without express permission of the court.

SO ORDERED the 9th day of August, 2018.

Dennis K. Yamase
Chief Justice

ENTERED this 9th day of August, 2018.

Sandy A. Albert,
Chief Clerk