Opinion
Case No. 2:97-cr-22(1).
May 22, 2006
ORDER
This matter is before the Court on the March 29, 2006 petition of the Probation Officer charging Defendant Lavon White with violating several conditions of his supervised release. A hearing was held on Monday May 22, 2006.
Defendant originally appeared before the Court on November 18, 1997, to be sentenced on one count of possession with intent to distribute over 50 grams of cocaine base in violation of 21 U.S.C. § 841(a)(1), a Class A felony (Count 1). Defendant was sentenced to a 120 month term of imprisonment followed by a five-year term of supervised release.
Defendant commenced supervised release on December 15, 2005. The current petition by the Probation Officer was prepared on March 29, 2006. This Court issued a warrant for Defendant's arrest on April 4, 2006. Defendant surrendered to authorities on April 10, 2006. An initial appearance was held on April 10, 2006. Defendant waived his right to a preliminary supervised release revocation hearing and was released on an OR Bond.
In petitioning this Court on March 29, 2006, the Probation Officer outlined, with the requisite factual basis, violations of two conditions of Defendant's supervised release:
"The defendant shall report to the probation officer and shall submit a truthful and complete written report within the first five days of each month."
Mr. White has failed to submit any written report forms to the probation office in the Western District of North Carolina. He reported to the probation office on December 21, 2005, following his release from custody. He reviewed and signed his conditions of supervision at that time. However, he failed to provide his written report forms for the months of December 2005, January 2006 and February 2006, and has made no further contact with the probation office.
"The defendant shall notify the probation officer ten days prior to any change of residence or employment."
Mr. White reported employment with Peak Fitness. During an employment contact by the probation officer, it was learned that the releasee was terminated from his employment on January 25, 2006. It was reported by the employer that White was terminated for misuse of the internet at work. His supervisor advised that White was visiting pornography web sites at work. Further it was determined that Mr. White had moved from his reported residence, and his current [at time violation report was prepared] whereabouts is unknown. Lavon White failed to report the change of residence to the probation officer.
The Court has 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 conditions of his supervised release as alleged by the Probation Officer. The Court finds that Defendant has violated the terms and conditions of his supervised release.
Nevertheless, in the interest of justice, the Court will CONTINUE disposition of this matter until Tuesday June 6, 2006 at 10:00 a.m. Until that time, Defendant shall comply with all previously imposed terms and conditions of supervised release. Valerie Debnam, Defendant's North Carolina Probation Officer, shall keep the Court advised of Defendant's progress and shall provide a recommendation regarding an appropriate disposition of the admitted violations on or before June 6, 2006.
IT IS SO ORDERED.