Opinion
Case Number: 3:08-00248
07-10-2012
Report on Offender Under Supervision
Name of Judicial Officer: The Honorable Aleta A. Trauger, U.S. District Judge
Date of Original Sentence: December 22, 2009
Original Offense: 18 U.S.C. § 922 (g)(1) and 18 U.S.C. § 924 Convicted Felon in Possession of a Firearm
Original Sentence: 48 months' custody and 3 years' supervised release
Type of Supervision: Supervised Release Date Supervision Commenced: April 20, 2012
Assistant U.S. Attorney: Mary McCullohs Defense Attorney: William J. Steed
THE COURT ORDERS:
[X] Action
[] Submit a Petition for Summons
[] Submit a Petition for Warrant
[] Other
I declare under penalty of perjury that the foregoing is true and correct. Respectfully submitted,
Considered this 23th day of July 2012, and made a part of the records in the above case.
________________________
Aleta A. Trauger
U. S. District Judge
________________________
Joshua Smith
U.S. Probation Officer
Place Nashville, Tennessee
ALLEGED VIOLATIONS
The probation officer believes that the offender has violated the following condition(s) of supervision:
Violation No. Nature of Noncompliance
1. The defendant shall not commit another federal, state or local crime.
On June 20, 2012, Mr. Smith was given a citation by an officer with Metro Nashville Police Department for driving a motorcycle without a license. According to the officer, Mr. Smith was driving the motorcycle recklessly.Compliance with Supervision Conditions and Prior Interventions: Mr. Smith began supervision on April 20, 2012. He was employed with Southern Steak and Oyster but fired for poor performance. U.S. Probation Officer Recommendation; It is recommended that Mr. Smith be continued on supervised release with no further action at this time. Mr. Smith has been verbally admonished and advised that future violations could result in sanctions by the Court. The U. S. Attorney's Office had been notified and concurs with this recommendation.
On June 21, 2012, Mr. Smith was arrested for Criminal Trespassing. According to the affidavit, Mr. Smith was observed standing in front of 658 Sylvan Street which is part of James Cayce Homes operated by Metropolitan Developmental Housing Authority. Officers knew Mr. Smith was on the banned list for the property and arrested him on trespassing charges. He was found guilty on June 22, 2012, and ordered to pay $370.45 in court costs.
Approved: _____________________
Britton Shelton
Supervisory U.S. Probation Officer
sxn1134COMPLAINT NUMBER: 2012-0524263 WARRANT
NUMBER: GS590370
PROSECUTOR: Conrad N Straub
DEFENDANT: Edward Smith
VICTIM: MDHA
STATE OF TENNESSEE, COUNTY OF DAVIDSON
AFFIDAVIT
CRIMINAL TRESPASS
T.C.A. 39-14-405
Personally appeared before me, the undersigned, [Select one] _x__Commissioner, ___ Metropolitan General Sessioxns Judge, the prosecutor named above and made oath in due form of law that [Select one] __x_ he ___ she [Select one] ___ personally observed ___ has probable cause to believe that the defendant named above on 06/21/2012 in Davidson County, did intentionally or knowingly enter or remain on the property of another knowing that the defendant did not have the effective consent of the property owner to do so, and that the probable cause is as follows:
Officers observed the Defendant standing in front of 658 Sylvan street which is part of James Cayce homes which is operated by MDHA. Officers knew the defendant to be on the MDHA banned list and the defendant was taken into custody without incident.
ESignature
________________________
Prosecutor: Conrad N Straub 0000011965
200 James Robertson Parkway
Nashville, Tennessee 37201
____________________________________________________
____________________ ARREST WARRANT
____________________________________________________
____________________
Information on oath having been made, that on the day and year aforesaid, and in the County aforesaid, the offense
of Criminal Trespass C MISD, as aforesaid, has been committed and charging the defendant thereof, you are therefore commanded, in the name of the State, forthwith to arrest and bring the defendant before a judge of the Court of General Sessions of Davidson County, Tennessee, to answer the above charge.
Sworn to and subscribed before me on 06/21/2012 14:38:54 .
________________________
Howard Taradash
Judge of the Metropolitan General Sessions Court/Commissioner
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