Opinion
Case No. 3:11cr070
08-12-2013
UNITED STATES OF AMERICA, Plaintiff, v. RICHARD B. LOWE, Defendant.
JUDGE WALTER H. RICE
DECISION AND ENTRY FINDING DEFENDANT IN VIOLATION OF
SUPERVISED RELEASE, REVOKING SAME AND IMPOSING SENTENCE,
WITH RE-IMPOSED PERIOD OF SUPERVISED RELEASE TO FOLLOW,
UPON CERTAIN STATED CONDITIONS; PLAN B OUTLINED; RIGHT OF
APPEAL EXPLAINED AND UNDERSTOOD; TERMINATION ENTRY
On August 8, 2013, the Defendant, having been previously found in violation of his supervised release which began on January 14, 2011, appeared in open Court for final disposition.
Pursuant to the record made on the aforesaid August 8, 2013, in open Court, the Defendant's supervised release was revoked and he was remanded to the custody of the Attorney General of the United States, the Bureau of Prisons, for a period of time served, as of August 12, 2013, with the original six year period of supervised release re-imposed, with credit given for any and all time spent in federal custody to August 12, 2013, as a credit. As conditions of the re-imposed period of supervised release, the Defendant is to follow all the rules and regulations of the Probation Department, work toward the discharge of all undischarged conditions of the original period of supervision which began January 14, 2011, and spend a period not exceeding six months in a local halfway house facility, with privileges to look for work, to discharge any resultant job responsibilities, for any substance abuse treatment deemed necessary and to interact with his family and one-year-old child. Successful completion of the halfway house program is an absolute condition of the reimposed period of supervised release.
Should bed space in a local halfway house facility on the aforesaid August 12, 2013, not be available, this Court has no intention of keeping Defendant in custody for any period of time following the aforesaid August 12th. Accordingly, a telephone conference call will be arranged, between Court, counsel and the Probation Officer, to discuss alternative means of disposition.
Following the above, the Defendant was orally explained his right of appeal, and he indicated an understanding of same.
The captioned cause is ordered terminated upon the docket records of the United States District Court for the Southern District of Ohio, Western Division, at Dayton.
__________________________
WALTER H. RICE
UNITED STATES DISTRICT JUDGE
Copies to: Counsel of Record
Kristin Keyer, U.S. Probation Officer