Opinion
A-08-CR-476(7)-SS
04-12-2022
Patrick Porter
Assistant U.S. Attorney: Elizabeth Cottingham Defense Attorney: Ben Florey - Retained
Date of Original Sentence: May 8, 2009
Assistant U.S. Attorney: Elizabeth Cottingham
Defense Attorney: Ben Florey - Retained
The Honorable Sam Sparks, U.S. District Judge
REPORT ON OFFENDER UNDER SUPERVISION
Honorable Susan Hightower United States Magistrate Judge
PREVIOUS COURT ACTION
On April 14, 2014, a Motion for Reduction of Sentence from 180 months to 156 months custody.
On November 13, 2015, a Motion for Sentence Reduction was denied by the Court pursuant to 18 U.S.C. § 3582(c)(2).
On August 20, 2019, a Motion for Sentence Reduction reducing term of Supervised Release from 5 years to 4 years, pursuant to the First Step Act.
On March 27, 2020, Report on Offender Under Supervision for relocating to another division without permission.
On March 26, 2021, case transferred to Judge Lee Yeakel.
On April 1, 2021, a Request for Modifying the Conditions or Term of Supervision - the court modified the conditions to include the Location Monitoring Program for a period of no less than 180 days.
NONCOMPLIANCE SUMMARY
Violation of Standard Condition No. 7: “The defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or any paraphernalia related to any controlled substances, except as prescribed by a physician.”
Nature of Noncompliance: On or about February 7, 2021, the defendant tested positive for marijuana. The defendant admitted he had smoked marijuana on or about the said date.
U.S. Probation Officer Action: It is respectfully requested no judicial action be taken at this time. Porter has been referred to complete a Cognitive Behavior Lifeskills Course for Substance Abuse. The Probation Office will continue to monitor him for substance abuse by Comply, the random drug testing system. He has been made aware that any further violations may result in immediate court action.
THE COURT ORDERS:
[ ] No Action
[ ] Submit a Request for Modifying the Condition or Term of Supervision
[ ] Submit a Request for Warrant or Summons
[ ] Other