Opinion
Case No. 2:00-cr-176.
August 4, 2006
ORDER
This matter is before the Court on the March 20, 2006 petition of the Probation Officer charging Defendant Batista with violating a special condition, as well as two standard conditions, of his supervised release. This Court held a hearing on April 28, 2006. The Court reviewed the Supervised Release Violation Report in which the Probation Officer listed sentencing options and offered a recommendation and adjustment for the offender. Defendant, who was represented by counsel, admitted at the hearing that he had violated the Special Condition and Standard Condition number 7 of his supervised release. The Court found that Defendant had violated those conditions of his supervised release.
The Court noted that there were no specific facts submitted in connection with the alleged violation of Standard Condition number 2. The Court therefore disregarded that allegation.
Nevertheless, the Court continued the matter until August 4, 2006 to allow Defendant an opportunity to demonstrate his willingness to abide by the terms and conditions of his supervised release. The Probation Officer was instructed to keep the Court informed of Defendant's progress. In a memo dated August 3, 2006, the Probation Officer indicated that Defendant has maintained employment and noted that because he has abstained from illegal drug use and appears to have a solid recovery foundation in the AA community, Defendant's counselor at Maryhaven has suggested successfully terminating Defendant from its program.
Therefore, in the interests of justice, the Court will not revoke Defendant's supervised release. Instead, Defendant shall continue on supervised release until his scheduled termination date. Defendant shall continue to comply with all previously imposed terms and conditions of supervised release.
IT IS SO ORDERED.