Opinion
Case No. 2:91-CR-189.
November 28, 2006
ORDER
This matter is currently before the Court on the February 24, 2000 petition of the Probation Officer charging Defendant Wetzel Jackson with violating one (1) condition of his supervised release. The Court held a hearing on the petition on November 27, 2006.
Defendant pled guilty on July 17, 1992 for felony possession with intent to distribute over five hundred (500) grams of cocaine base pursuant to 21 U.S.C. § 841(a)(1) and (b)(1)(B)(ii), a class B felony. Defendant was sentenced to seventy two (72) months incarceration followed by four (4) years of supervised release. His supervised release conditions included participation in a drug aftercare program with random urinalysis testing and one hundred (100) hours of community service.
Defendant began his term of supervised release on February 21, 1997. He was incarcerated at the Southeastern Correctional Institution on April 7, 1999 serving five (5) years for a March 18, 1999 state conviction to three counts of robbery (Case 98-CR-04-1740). Because this crime of violence is a Federal, state, or local offense punishable by a term of imprisonment exceeding one year, this conduct is a Grade A violation, pursuant to U.S.S.G. § 7B1.1(a)(1)(B)(i).
In light of the supervised release violation and conviction, the Court issued an arrest warrant for Defendant on February 29, 2000. This warrant was executed resulting in Defendant's arrest on November 14, 2006.
Additionally, on July 9, 2001 Defendant was convicted of state charges for Complicity to Commit Illegal Conveyance of Drug of Abuse onto the Grounds of a Detention Facility and received a consecutive three (3) year sentence and fined $500 (Case 98-CR-41740).
In petitioning this Court on February 24, 2000, the Probation Officer's Supervised Release Violation Report outlined a violation of one (1) condition of Defendant's supervised release with the requisite factual basis:
MANDATORY CONDITION NO. 1: "While on supervised release the defendant shall not commit another Federal, state or local crime and shall not illegally possess a controlled substance."
On February 19, 1998, Whitehall, Ohio, police officers arrested Jackson on three counts of Robbery. Details of the offense indicate that on February 19, 1998, Jackson allegedly attempted to rob two female store employees of a store's cash deposit in the amount of $700. The two females were employees of the One Price Clothing Store. The victims reported that Jackson and another unidentified male waited in a vehicle for the employees to leave the store. The victims advised that Jackson exited the vehicle wearing a ski mask and attempted to rob the store employees of the cash deposit. A husband of one of the employee's attempted to stop Jackson from fleeing which resulted in a scuffle. Police officers arrived on the scene and took the offender into custody and charged him with three counts of Robbery.
On February 23, 1998, Jackson notified this officer about the arrest. However, he denied that he had committed the offenses. Jackson stated that he had no motive to rob the store employees since he had his paycheck on him when he was arrested. This officer confirmed with the Franklin County Sheriff's Office that Jackson was in possession of his paycheck for $408.65 when the offense occurred.
On August 4, 2006, the Probation Officer's Supplemental to Violation Report outlined another violation of MANDATORY CONDITION NO. 1 of Defendant's supervised release with the requisite factual basis:
On July 9, 2001, the Fairfield County Court of Common Pleas convicted Jackson on Count 2, Complicity to Commit Illegal Conveyance of Drug of Abuse onto the Grounds of a Detention Facility and sentenced Mr. Jackson to three (3) years custody to be served consecutive to his case in Franklin County Common Pleas Court, case number 98-CR-41740. The Court also fined him $500.00 and ordered him to pay the costs of prosecution.
Details of Jackson's drug charges indicate that on January 24, 2001, Mr. Jackson's co-defendant, Veronica Flemister was stopped by Ohio State Highway Patrol Troopers as she was entering the grounds of the Southeastern Correctional Institution, where Mr. Jackson was then housed. Upon presenting a search warrant, the troopers searched the woman and her vehicle.
Ms. Flemister admitted to the Ohio State Highway Patrol officers that there was marijuana located in a small milk carton which was underneath her driver's seat. Troopers removed the container, and discovered several small baggies of a vegatative substance. The substance filed tested positive for marijuana. Ms. Flmister provided the troopers with a written statement indicating her involvement in the offense was voluntary, that she knew it was illegal conduct and that it was initiated upon the request of Wetzel Jackson. She stated this was the second time she had brought marijuana to the detention center at Mr. Jackson's request.
Mr. Jackson was interviewed shortly thereafter. He admitted that the interrupted marijuana "drop" would have been the fifth time he had requested marijuana to be delivered to the institution for him. Mr. Jackson indicated there were also two (2) other individuals who made drops of drugs at the prison for him.
The Court has reviewed the Supervised Release Violation Report and subsequent Supplemental to 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 violations while on supervised release by committing both the robbery and drug trafficking crimes. The Court finds that Defendant has violated Mandatory Condition No. 1 of his supervised release.
The Court REVOKES Defendant's supervised release and sentences him to a term of imprisonment of fourteen (14) months to be followed by a term of three (3) years of supervised release. Upon release from prison, Defendant's supervised release is to have the same terms and conditions as previously imposed, which includes a mandatory drug aftercare program with random urinalysis sampling as deemed appropriate by the Probation Officer and one hundred (100) hours of community service.