Opinion
Docket Number: 1:13CR00140-01
05-31-2013
USA v. Octavio MACIEL
MEMORANDUM
Honorable Lawrence J. O'Neill
United States District Judge
Fresno, California
PERMISSION FOR DISCLOSURE
OF INFORMATION PURSUANT TO
LOCAL RULE 460(b) AND/OR 461(b)
Your Honor: The Assistant Federal Defender presently assigned to represent Mr. Maciel on the pending supervised release revocation proceedings is seeking the disclosure of confidential records maintained by the probation office. Specific Records Requested: The appointed Assistant Federal Defender is seeking the disclosure of the Northern District of Georgia's presentence report originally prepared in this case. Purpose/Need for Release of Information: The appointed Assistant Federal Defender is requesting the information in an effort to assist in his representation of Mr. Maciel in regard to the pending revocation proceedings filed against him. Conviction and Sentencing Date: On January 13, 2009, Mr. Maciel was sentenced by the Honorable Clarence Cooper (ND/GA) as a result of his plea of guilty to 21 USC 856(a) and 18 USC 2 - Maintaining a Residence for Drug Trafficking in Docket Number 1:08CR00373 (ND/GA). On April 18, 2013, jurisdiction of Mr. Maciel's case was transferred from the Northern District of Georgia to the Eastern District of California. Sentence Imposed: 46 months custody of the Bureau of Prisons; 36 month term of supervised release. Special conditions of supervision include: Not commit another federal, state, or local crime; Not possess a firearm; Drug/alcohol treatment and testing; Not illegally possess a controlled substance; Submit to Search; and Submit to DNA collection. Response to Supervision: On March 26, 2013, during a routine home inspection of the offender's home, Mr. Maciel was found to be in possession of a sawed-off .410 shotgun and a partial box of .410 shotgun shells. Criminal charges have been filed against Mr. Maciel under U. S. District Court Docket No. 1:13CR00181, alleging a violation of 18 USC 922(g)(1) - Felon in Possession of a Firearm, and 26 USC 5861(d) - Possession of a Firearm not Registered in the National Firearms Registry. Recommendation: It is the undersigned's opinion, dissemination of the presentence report should be made to the Assistant U.S. Attorney and defense counsel(s) assigned to both U.S. District Court Docket No. 1:13CR00140-01 and 1:13CR00181-01, as the document appears relevant to both matters and may be of some assistance to both counsel in the resolution of each respective case.
Respectfully Submitted,
Phil R. Hendley, Jr.
United States Probation Officer
DATED: May 31, 2013
Modesto, California
PRH/lr
REVIEWED BY: _____________
Jack C. Roberson
Supervising United States Probation Officer
ORDER OF THE COURT:
Approved X IT IS SO ORDERED.
Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE