Opinion
Case No. 2:92-cr-188-1.
March 21, 2006
ORDER
This matter is before the court on the supervised release violation petition dated August 16, 2004, which was filed by the probation officer in the above case. The petition alleged that defendant violated his supervised release by being convicted in Oklahoma of the offense of possession with intent to distribute marijuana. The defendant's parole in Case No. 2:84-cr-122-1 was revoked on the basis of this conviction, and the United States Parole Commission ordered defendant to serve thirty months incarceration.
Defendant has filed a motion with the court requesting that any sentence imposed as a result of the revocation of his supervised release in this case be ordered to run concurrently with the parole revocation he is currently serving. Defendant has also moved for permission to waive his appearance at the supervised release revocation hearing and has executed and filed a written waiver of his appearance. Defendant admits in this waiver that he violated the terms of his supervised release by being convicted in Oklahoma of possession of a controlled drug with intent to distribute it, and by leaving the district without permission. Counsel for the government has orally indicated to the court that she does not oppose the defendant's motion.
Defendant's motion is granted. Defendant, while represented by counsel, has knowingly and voluntarily waived his right to an evidentiary hearing and to be present at that hearing. The court will accept defendant's waiver of appearance. The court finds that the violations alleged in the petition were committed by the defendant. The court will enter a judgment revoking the defendant's supervised release and imposing a term of incarceration to run from the date of this order until January 8, 2007, the date of defendant's scheduled release on parole. Said term of incarceration is to run concurrent with the sentence now being served by defendant on the parole revocation in Case No. 2:84-cr-122-1. In the event that defendant is found eligible to be released prior to January 8, 2007, to serve the final months of his sentence on the parole revocation at a halfway house, this court recommends to the Bureau of Prisons that defendant also be permitted to serve the final months of the sentence imposed in this case on the supervised release violation in the halfway house concurrent with the time served on the parole revocation. No new term of supervised release will be imposed.