Opinion
Docket Number: 2:09CR00436-01
03-26-2013
John K. Vincent Assistant United States Attorney Randy E. Thomas Defense Counsel
MEMORANDUM
Honorable Morrison C. England, Jr.
Chief United States District Judge
Sacramento, California
REQUEST TO MODIFY JUDGMENT
Your Honor: On March 2, 2012, Mr. Rahman was sentenced in the Eastern District of California to 3 months custody Bureau of Prisons and 3 years Supervised Release for a violation of 18 USC 371 - Conspiracy to Obstruct the Internal Revenue Service in the Computation and Collection of Income Taxes. Mr. Rahman's supervision commenced on June 28, 2012. It was determined during Mr. Rahman's initial interview that the mandatory drug testing condition had not been suspended. Mr. Rahman advised he believed it was to be suspended. A check of the presentence report showed a recommendation that the mandatory drug testing condition be suspended. It was also noted in the substance abuse section of the presentence report that the offender had no history of drug or alcohol use. Pursuant to Rule 36 of the Rules of Criminal Procedure, it is respectfully requested that the offender's judgment be amended to include suspension of the drug testing condition.
Respectfully submitted,
WENDY E. REYES
United States Probation Officer
Dated: March 20, 2013
Elk Grove, California
WER/sda
REVIEWED BY: _________________
JACK C. ROBERSON
Supervising United States Probation Officer
Attachment(s) cc: John K. Vincent
Assistant United States Attorney
Randy E. Thomas
Defense Counsel
THE COURT ORDERS:
(X) Modification approved as recommended. () Modification not approved at this time. Probation Officer to contact Court. () Other:
IT IS SO ORDERED.
_________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT JUDGE