Opinion
Case Number: 2:10CR00076-001
05-31-2012
USA v. Justin Allen Battle
Request for Modifying the Conditions or Term of Supervision
with Consent of the Offender
(Probation Form 49, Waiver of Hearing is Attached)
Name of Offender: Justin Allen Battle
Name of Sentencing Judicial Officer: The Honorable Lonny R. Suko, Sr. U.S. District Judge
Date of Original Sentence: 05/11/2011
Type of Supervision: Supervised Release
Original Offense: Felon in Possession of a Firearm, 18 U.S.C.§ 922(g)(1)
Date Supervision Commenced: 08/12/2011
Original Sentence: Prison - 15 months; TSR - 36 months
Date Supervision Expires: 08/11/2014
PETITIONING THE COURT
To modify the conditions of supervision as follows:
20 You shall reside in a residential reentry center (RRC) for a period of up to 180 days. You shall abide by the rules and requirements of the facility and shall participate in programs offered by the facility at the direction of the supervising officer.
CAUSE
On May 16, 2012, the offender reported to the Spokane Residential Reentry Center (RRC). On May 21,2012, the offender submitted to a physical exam as required by the Bureau of Prisons (BOP). A tuberculous test (TB), was not completed during the physical.
On May 23, 2012, this officer was informed by the director of the RRC, that the offender was being removed from the RRC. She relayed that they had received a new intake form and inadvertently failed to check the TB box. The RRC has a requirement in their statement of work (SOW) with the BOP, to complete a offender's physical exam within 5 days of their arrival at their facility. As a result, the BOP directed the RRC to remove Justin Battle from their program. The BOP indicated that the offender could return to the RRC after June 8,2012. The BOP advised that they would require a new RRC public law supervision condition from the U.S. Probation Office..
On May 23, 2012, the offender reported to the probation office. He was allowed to return to the previously approved address at 528 E. Sanson in Spokane.
On May 25, 2012, the offender reported to the U.S. Probation Office as instructed by this officer. The offender signed the "Waiver of Hearing to Modify Conditions of Supervised Release." He understands the rationale behind this modification.
I declare under penalty of perjury that the foregoing is true and correct.
__________________
Brenda J. Kuest
U.S. Probation Officer
THE COURT ORDERS
[ ] No Action
[ ] The Extension of Supervision as Noted Above
[×] The Modification of Conditions as Noted Above
[ ] Other
__________________
Signature of Judicial Officer