Opinion
Docket Number: 2:11CR00083-01
05-09-2013
USA v. Denise BENNETT
Assistant U.S. Attorney: David Stevens Defense Attorney: Linda C. Harter
PETITION TO MODIFY THE CONDITIONS OR TERM OF SUPERVISION
WITH CONSENT OF THE OFFENDER
(Probation Form 49, Waiver of Hearing, is on file)
Offender Address: Concord, California
Judicial Officer:
Honorable Edmund F. Brennan
United States Magistrate Judge
Sacramento, California
Original Sentence Date: 09/19/2011
Original Offense:
18 USC 641 - Theft of Government Property
(CLASS A MISDEMEANOR)
Original Sentence:
36 months Probation; $25 Special Assessment; $1,349
Restitution; No firearms.
Special Conditions:
1) Not dissipate assets; 2) Financial access; 3) No new credit;
4) 50 hours community service.
Type of Supervision: Probation Supervision Commenced: 09/19/2011 Assistant U.S. Attorney: David Stevens Defense Attorney: Linda C. Harter Other Court Action: None.
PETITIONING THE COURT
To modify the conditions of supervision as follows:
Court Remove Special Condition #5 which states:
The defendant shall complete 50 hours of unpaid community service as directed by the probation officer. The defendant shall pay fees attendant to participation and placement in this program on a sliding scale as determined by the program. Community service shall be completed by December 31, 2012.Court Add Special Condition #5 which states:
The defendant shall pay a $500 fine.Justification: On September 19, 2011, the offender was sentenced to 3 years probation and ordered to perform 50 hours of community service. Since sentencing, the offender's financial situation has improved. She has maintained stable residence and employment. She is employed by Bank of the West and Walmart. She works approximately 60+ hours per week. According to the probation officer, the offender has made attempts to locate an approved community service site, but due to personal and family medical issues, as well as working two jobs, she has been unable to perform community service. The offender's overall adjustment to supervision has been good. There has been no violation conduct. She has paid her special assessment and restitution in full. Based on these factors, the probation officer recommends the 50 hours of community service be converted to a fine. The defendant is agreeable to this modification and a signed Waiver of Hearing is on file and available for the Court's review.
Respectfully submitted,
Michael A. Sipe for
BRENDA BARRON-HARRELL
United States Probation Officer
Telephone: (916) 930-4397
DATED: May 6, 2013
Sacramento, California
BBH/cp
REVIEWED BY: ____________
MICHAEL A. SIPE
Supervising United States Probation Officer
THE COURT ORDERS:
(x) Modification approved as recommended. () Modification not approved at this time. Probation Officer to contact Court. () Other:
_________________
Signature of Judicial Officer
cc: United States Probation
David Stevens, Assistant United States Attorney
Linda C. Harter, Assistant Federal Defender
Defendant
Court File