Opinion
DKT NO: 06-00864-001
03-27-2013
RE: MELISSA BUCCA
WILFREDO TORRES
CHIEF ROBATION OFFICER
Honorable
United States District Judge
Martin Luther King Jr. Federal Building&Courthouse
COURT NOTIFICATION OF OFFENDER'S EXPIRATION OF SUPERVISION WITH FINE BALANCE REMAINING Dear Judge Chesler: The purpose of this correspondence is to submit a Report of Offender Under Supervision (Probation Form 12A). outlining the offender's non-compliance with regard to payment of her fine in full prior to the expiration of her supervision. We respectfully request that the Court approve the expiration of supervision as scheduled, and allow the Financial Litigation Unit of the United States Attorney's Office to monitor the collection of the remaining fine balance. Should the Court have any further questions or concerns, the undersigned officer can be reached at (609) 867-7116.
Respectfully submitted,
WILFREDO TORRES, Chief
U.S. Probation Officer
By: Carolyn S. Johnson
U.S. Probation Officer
Name of Offender: Malissa Bucca
Cr.: 06-00864-001
PACTS #: 43794
Name of Sentencing Judicial Officer: The Honorable Stanley R. Chesler
United States District Judge
Date of Original Sentence: 02/26/07 Original Offense: Distribution of Oxycodone Original Sentence: Imprisonment - 37 months; Supervised Release - 3 years; Special Assessment - $100; Fine - $7,500. Type of Supervision: Supervised Release Date Supervision Commenced: 05/15/2010
NONCOMPLIANCE SUMMARY
The offender has not complied with the following condition(s) of supervision:
+--------------------------------------------------------------------------------------------------------+ ¦Violation Number ¦Nature of Noncompliance ¦ +------------------+-------------------------------------------------------------------------------------¦ ¦ ¦The offender has violated the standard supervision condition which states ¦ ¦ ¦'As a ¦ ¦ ¦ ¦ ¦ ¦condition of supervision, you are instructed to pay a tine in the amount of $7,500; ¦ ¦ ¦ ¦ ¦ ¦the fine is due immediately and shall be paid in full within 30 days of sentencing. ¦ ¦ ¦ ¦ ¦ ¦It is recommended that the defendant participate in the Bureau of Prisons Inmate ¦ ¦ ¦ ¦ ¦ ¦Financial Responsibility Program. In the event that the tine is not paid prior to ¦ ¦ ¦ ¦ ¦ ¦the commencement of supervision, the defendant shall satisfy the amount due in ¦ ¦ ¦ ¦ ¦ ¦monthly installments of no less than S200, to commence 30 days after release from ¦ ¦ ¦ ¦ ¦ ¦confinement.' ¦ ¦ ¦ ¦ ¦ ¦The offender has demonstrated a lack of consistency throughout her term of ¦ ¦ ¦supervised ¦ ¦1 ¦ ¦ ¦ ¦release with regard to the monthly payment of her fine. However, she has paid ¦ ¦ ¦her $ 100 ¦ ¦ ¦ ¦ ¦ ¦special assessment and 51,377.57 toward her fine. Additionally, the offender ¦ ¦ ¦has ¦ ¦ ¦ ¦ ¦ ¦provided confirmation that the U.S. Attorney's Office has withheld her state ¦ ¦ ¦and ¦ ¦ ¦ ¦ ¦ ¦federal tax refunds as a treasury offset payment toward her fine. Although not ¦ ¦ ¦yet ¦ ¦ ¦ ¦ ¦ ¦posted on the Clerk's Office "Offender Payment Enhanced Report Access," this ¦ ¦ ¦will ¦ ¦ ¦ ¦ ¦ ¦reduce her obligation by an additional $2,766. The remaining unpaid fine ¦ ¦ ¦balance is ¦ ¦ ¦ ¦ ¦ ¦accordingly reduced to 3.356.43. ¦ +--------------------------------------------------------------------------------------------------------+ U.S. Probation Officer Action: The offender has a remaining unpaid obligation of her fine balance of $3,356.43. The offender's supervision is set to expire on May 14, 2013. Throughout her term of supervision, the offender has maintained employment and, with the assistance of her mother, raised her children without child support income, as well as supporting herself, Notwithstanding a lack of consistency with regard to her monthly fine payments, the offender has had no other violations of her supervised release over the term of three years, As such, we recommend that the Court approve the expiration of her supervision as scheduled and allow the Financial Litigation Unit of the United States Attorney's Office to monitor the collection of the remaining fine balance. If approved, we will notify said office of the offender's obligation in this regard.
Respectfully submitted,
By: Carolyn S. Johnson
U.S. Probation Officer
[ ] The Court Concurs with the Above Recommendation of the Probation Officer [ ] Submit a Request for Modifying the Conditions or Term of Supervision [ ] Submit a Request for Warrant or Summons [ ] Other
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Signature of Judicial Officer