Opinion
Case Number: 3:06-00051
10-17-2012
USA v. Joshua Cohen et al
Assistant U.S. Attorney: Harold B. McDonough, Jr. Defense Attorney: Ernest Wilson Williams and John David Schwalb
Petition for Warrant or Summons for Offender Under Supervision
(Supersedes petition filed as Docket Entry No. 157, May 8, 2012)
Name of Offender: Joshua Cohen Name of Judicial Officer: Todd J. Campbell U.S. District Judge Date of Original Sentence: June 29, 2007 Original Offense: Conspiracy to Distribute and Possess with Intent to Distribute Five Kilograms or More of Cocaine Original Sentence: 67 months' imprisonment and 5 years' supervised release Type of Supervision: Supervised Release Date Supervision Commenced: April 2, 2010 Assistant U.S. Attorney: Harold B. McDonough, Jr. Defense Attorney: Ernest Wilson Williams and John David Schwalb
PETITIONING THE COURT
[X] To consider the additional violation information at the defendant's revocation hearing.
THE COURT ORDERS: [X] Consider the additional violation information at the defendant's revocation hearing. [ ]No Action [ ] The Issuance of a Warrant:
[ ] Sealed Pending Warrant Execution
(cc: U.S. Probation and U.S. Marshal only) [ ] The Issuance of a Summons. [ ] Other Considered this 17 day of
October, 2012, and made a part of
the records in the above case.
________
Todd J. Campbell
U. S. District Judge
I declare under penalty of perjury that the
foregoing is true and correct. Respectfully
submitted,
________
Karen L. Webb
U.S. Probation Officer
Place Columbia, TN
ALLEGED VIOLATIONS
The information provided in the previous petition, filed as docket entry No. 157, has been
amended as follows:
Violation No. 1 - has been amended to include the disposition of the law violation.
The probation officer believes that the offender has violated the following condition(s) of supervision:
+-----------------------------------------------------------------------------+ ¦Violation ¦Nature of Noncompliance ¦ ¦No. ¦ ¦ +----------+------------------------------------------------------------------¦ ¦ ¦The defendant shall not commit another federal, state, or local ¦ ¦ ¦crime: ¦ ¦ ¦ ¦ ¦ ¦On April 12, 2012, Mr. Cohen was arrested in Fresno, California, ¦ ¦ ¦and charged with ¦ ¦1. ¦ ¦ ¦ ¦Distribution of a Controlled Substance. This defendant is charged ¦ ¦ ¦with violation of ¦ ¦ ¦ ¦ ¦ ¦21U.S.C. Section 841 and 18 U.S.C. Section 2 in the Middle ¦ ¦ ¦District of Tennessee. ¦ +----------+------------------------------------------------------------------¦ ¦ ¦The complaint indicates that in or around February to April 2012, ¦ ¦ ¦Mr. Cohen was ¦ ¦ ¦ ¦ ¦ ¦sending marijuana and Roxicodone pills via United Parcel Service ¦ ¦ ¦and Federal ¦ ¦ ¦ ¦ ¦ ¦Express from California to a source in Cookeville, Tennessee. In ¦ ¦ ¦return, Mr. ¦ ¦ ¦ ¦ ¦ ¦Cohen was receiving money for the shipped controlled substances. ¦ +----------+------------------------------------------------------------------¦ ¦ ¦On September 24, 2012, the defendant pled guilty to one count of ¦ ¦ ¦Conspiracy ¦ ¦ ¦ ¦ ¦ ¦to Distribute and to Possess with Intent to Distribute Oxycodone. ¦ ¦ ¦Mr. Cohen ¦ ¦ ¦ ¦ ¦ ¦is scheduled to be sentenced in U.S. District Court, Middle ¦ ¦ ¦Tennessee, ¦ ¦ ¦ ¦ ¦ ¦Nashville, on December 21, 2012. ¦ +-----------------------------------------------------------------------------+ Compliance with Supervision Conditions and Prior Interventions: Mr. Cohen has been on supervised release for just over 2 years. He was initially supervised in the Middle District of Tennessee as he lived with his mother, wife, and children in Spring Hill, Tennessee. Mr. Cohen struggled with finding employment and then started his own remodeling business that failed to bring in much business. The Court was made aware of the Mr. Cohen's possible domestic abuse against his then pregnant wife in September 2010. However, there was not enough information to substantiate the abuse and Mr. Cohen was continued on supervision. He was assessed for both substance abuse and mental health issues and no treatment was recommended. In August 2011, Mr. Cohen relocated to the Eastern District of California, in Fresno, California, to be closer to his and his wife's extended families and he had a job offer with JL Homes and Investments, remodeling rental property. As a result, his supervision was transferred to the Eastern District of California. Mr. Cohen appeared to be compliant with the terms of his supervision while in California. Update of Offender Characteristics: Mr. Cohen remains in federal detention at this time on the pending charge. He appeared on April 18, 2012 in the Eastern District of California and was ordered detained and transferred to the Middle District of Tennessee. Mr. Cohen was ordered detained in the Middle District of Tennessee and is awaiting sentencing, after having recently pled guilty to a new charge. U.S. Probation Officer Recommendation: It is respectfully requested that the additional violation information be considered at Mr. Cohen's upcoming revocation hearing. The U.S. Attorney's Office has been advised of this additional violation information. Approved: ________
Kenneth Parham
Supervisory U.S. Probation Officer
SENTENCING RECOMMENDATION
UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE
UNITED STATES V. JOSHUA COHEN, CASE NO. 3:06-00051
GRADE OF VIOLATION: A
CRIMINAL HISTORY: I
ORIGINAL OFFENSE DATE: POST APRIL 30, 2003 PROTECT ACT PROVISIONS
+-----------------------------------------------------------------------------------+ ¦ ¦Statutory ¦Guideline ¦Recommended ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Provisions ¦Provisions ¦Sentence ¦ +------------+-------------------------+------------------------+-------------------¦ ¦ ¦5 ¦ ¦ ¦ ¦CUSTODY: ¦years (Class A felony) ¦24-30 months ¦No recommendation ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦18 U.S.C. § 3583(e)(3) ¦ ¦ ¦ +------------+-------------------------+------------------------+-------------------¦ ¦ ¦ ¦up to 5 years less any ¦ ¦ ¦SUPERVISED ¦not more than ¦ ¦ ¦ ¦ ¦ ¦term of imprisonment ¦No recommendation ¦ ¦RELEASE: ¦5 years ¦ ¦ ¦ ¦ ¦ ¦18 U.S.C. 3583(h) ¦ ¦ +-----------------------------------------------------------------------------------+ Statutory Provisions; Revocation of supervised release is mandatory if the court finds that the defendant possessed a controlled substance in violation of the condition set forth in 18 U.S.C. § 3583(g)(1). When a term of supervised release is revoked and the defendant is required to serve a term of imprisonment, the court may include a requirement that the defendant be placed on a term of supervised release after imprisonment. The length of such a term of supervised release shall not exceed the term of supervised release authorized by statute for the offense that resulted in the original term of supervised release, less any term of imprisonment that was imposed upon revocation of supervised release. 18 U.S.C. § 3583(h). Guideline Policy Statements: Upon a finding of a Grade A violation, the Court shall revoke supervised release pursuant to § 7B1.3(a)(1).
Respectfully Submitted,
________
Karen L. Webb
U.S. Probation Officer
Approved: ________
Kenneth Parham
Supervisory U.S. Probation Officer