Opinion
0972 2:03CR00407-1
06-08-2021
RE Jason Morgan
Mira Chernick Assistant United States Attorney. Tim Zindel Defense Counsel.
Mira Chernick Assistant United States Attorney.
Tim Zindel Defense Counsel.
REQUEST TO DISMISS SUPERVISED RELEASE VIOLATION AND VACATE HEARING
Honorable Troy L. Nunley United States District Judge.
Your Honor:
On March 31, 2021, an Amended Petition for Warrant or Summons for Offender Under Supervision was signed by the Honorable William B. Shubb. The Petition alleged that Jason H. Morgan violated a Special Condition of supervised release - Unauthorized Possession of Pornography. An evidentiary hearing was set for May 18, 2021.
On May 13, 2021, a grand jury returned an indictment charging Morgan with one count of 18 U.S.C. 2252(a)(2) - Receipt of Child Pornography in case number 2:21CR00094-TLN. The same conduct is alleged in both the supervised release violation and the new felony charge. The Government petitioned for dismissal of the supervised release petition without prejudice and Judge Shubb granted the motion on May 17, 2021. Also, on May 17, 2021, Case Number 2:03CR00407-01 was reassigned to Your Honor.
The undersigned officer submitted a Petition for Warrant or Summons charging Morgan with New Law Violation based on the new felony charge in 2:21CR00094-TLN and the Court signed the petition June 2, 2021. Morgan was arraigned on this matter on June 3, 2021, at which time he did not waive preliminary hearing. The preliminary hearing is scheduled for June 15, 2021.
Since the supervised release violation is dependent on the outcome of the new case, this officer believes that it is not an efficient use of the Court's resources to proceed with a preliminary hearing on the supervised release violation in 2:03CR00407-01. As such, it is recommended that the violation petition filed on June 2, 2021, be dismissed without prejudice, and that the preliminary hearing scheduled for June 15, 2021, be vacated.
If the Court is in agreement with this recommendation, this report will also serve the purpose of notifying the Court of the supervised release violation and recommending that no action be taken pending resolution of the new felony case. Finally, if Morgan is found guilty of the new felony charge, a violation petition will be refiled at that time.
ORDER
THE COURT ORDERS: The supervised release petition filed June 2, 2021, is dismissed without prejudice and the preliminary hearing scheduled for June 15, 2021, is vacated.
□ Approved □ Disapproved
THE COURT ORDERS: No. further action be taken on the supervised release violation alleging New Law Violation, pending the outcome of the new felony charge.
□ Approved □ Disapproved