Opinion
Case No. 3:03cr153
08-12-2013
UNITED STATES OF AMERICA, Plaintiff, v. DAVID PATRICK HENDERSON, Defendant.
DAVID HENDERSON, Defendant. Melissa Stidham United States Probation Officer DENNIS G. TEREZ ACTING FEDERAL PUBLIC DEFENDER Cheryll A. Bennett (0063671) Assistant Federal Public Defender Attorney for Defendant David Henderson
JUDGE WALTER H. RICE
DECISION AND ENTRY FINDING DEFENDANT IN VIOLATION OF
SUPERVISED RELEASE, DEFERRING FINAL DECISION AS TO
SANCTIONS TO BE IMPOSED AND SETTING FOLLOW-UP COURT
APPEARANCE FOR FINAL DISPOSITION
On August 5, 2013, the Defendant appeared in open Court to answer to a Petition directing him to show cause why his supervised release, a status that began October 31, 2008, should not be revoked. Following his admissions to all allegations set forth in the above Petition, the Defendant was found in violation of his supervised release.
This Court deferred final disposition on the sanctions, if any, to impose upon the aforesaid violation of supervised release until a further Court appearance on November 7, 2013, upon the condition that Defendant follow each and every provision of the Supervision Plan (attached hereto) agreed to in open Court, that he follow all the rules and regulations of the Probation Department and that he work toward the completion and discharge of any and all conditions imposed upon him at the beginning of supervised release.
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WALTER H. RICE
UNITED STATES DISTRICT JUDGE
Copies to: Counsel of record UNITED STATES OF AMERICA, Plaintiff,
v. DAVID HENDERSON, Defendant.
Case No. 03-CR-153
Judge Walter H. Rice
DEFENDANT'S PROPOSED SUPERVISION PLAN
Defendant, David Henderson ("Mr. Henderson"), by and through counsel, hereby submits the following supervision conditions with which he will comply for ninety (90) days, upon the Court's review and approval. Mr. Henderson submits that he will comply with the standard probation conditions, in addition to the following:
1. He will attend the Montgomery County Prosecutor's Office Homicide Support Group on a monthly basis, beginning on August 12, 2013, and continuing until such time that he is accepted and enrolled in grief counseling;
2. He will complete his community service hours (36 hours), within six (6) weeks of his release, at the Wesley Center in Dayton, Ohio;
3. He will meet with Mike Ward, of the Montgomery County Ex-Offender Re-Entry office, and follow through with any recommendations Mr. Ward makes;
4. He will attend three Re-Entry Court sessions as an observer; August, September and October, and will thereafter enroll as a participant, if the Probation Department determines that he is a qualified, eligible candidate; and,
5. He will continue reporting and complying with the color code as required.
Mr. Henderson understands and agrees that should he fail to comply with these proposed conditions, the Court will revoke his probation and impose a sentence between 6 months to 1 year imprisonment. Understanding this consequence, Mr. Henderson, by his signature below, agrees to abide by the above proposed terms, and freely accepts any non-compliance consequences he will face. AGREED: ____________
DAVID HENDERSON, Defendant.
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Melissa Stidham
United States Probation Officer
Respectfully submitted, DENNIS G. TEREZ
ACTING FEDERAL PUBLIC DEFENDER
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Cheryll A. Bennett (0063671)
Assistant Federal Public Defender
Attorney for Defendant
David Henderson
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing was duly served upon the United States Attorney's Office, by electronic filing, on the date same was filed.
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Cheryll A. Bennett