Opinion
Docket Number: 04-00040-001 PACTS Number: 32984
06-26-2012
USA v. Troy Bell
Assistant U.S. Attorney : Jonathan Romankow Defense Attorney : John H. Yauck. Esq.
Amended Petition for Warrant or Summons for Offender Under Supervision
Name of Offender: Troy Bell
Name of Sentencing Judicial Officer: Honorable William H. Walls
United States District Judge
Date of Original Sentence: 11/03/04
Original Offense: Conspiracy to Import Cocaine
Original Sentence: Imprisonment -100 months; Supervised Release - 4 years; Special Assessment -$100-Fine-$500
Date of Re-Sentence: 11/18/08
Re-Sentence: Imprisonment - Time served; Supervised Release - Reduced from 4 years to 2 years; Special Assessment - S100; Fine - $500
Violation of Supervised Release: 04/05/12: Continuance sought by the Government and consented to by the Court. Hearing adjourned until 07/10/12.
Type of Supervision: Supervised Release
Date Supervision Commenced: 06/12/11
Assistant U.S. Attorney: Jonathan Romankow
Defense Attorney: John H. Yauck. Esq.
PETITIONING THE COURT
This petition amends the petition dated 02/16/12 (and signed by Your Honor on 03/14/2012), to add additional violations of supervised release. VIOLATION NUMBERS 1 THRU 3 WERE IN THE 02/16/12 PETITION. VIOLATION NUMBERS 4 and 5 HAVE BEEN ADDED. We are requesting that the additional charges be added and that a warrant be issued.
[X] To add charge(s) AND to issue a warrant
[ ] To issue a warrant
[ ] To issue a summons
+---------------------------------------------------------------------------------------------+ ¦Violation¦Nature of Noncompliance ¦ ¦Number ¦ ¦ +---------+-----------------------------------------------------------------------------------¦ ¦ ¦The offender has violated the supervision condition which states ¦ ¦ ¦'Upon release from ¦ ¦ ¦ ¦ ¦ ¦imprisonment, the defendant shall report in person to the Probation Office in the ¦ ¦ ¦ ¦ ¦ ¦district to which he was released.' ¦ ¦ ¦ ¦ ¦1 ¦On June 12, 2011, the offender was released from a State of New Jersey term of ¦ ¦ ¦ ¦ ¦ ¦imprisonment. Subsequent to release from imprisonment to a New Jersey address, ¦ ¦ ¦the ¦ ¦ ¦ ¦ ¦ ¦offender failed to report in person to the Probation Office for the District of ¦ ¦ ¦New ¦ ¦ ¦ ¦ ¦ ¦Jersey. ¦ +---------------------------------------------------------------------------------------------+
+-----------------------------------------------------------------------------+ ¦ ¦The offender has violated the supervision condition which suites 'You shall¦ ¦ ¦not ¦ ¦ ¦ ¦ ¦ ¦commit another federal, state, or local crime.' ¦ ¦ ¦ ¦ ¦ ¦On November 11, 2011, the offender was arrested by the Holmdel, New Jersey,¦ ¦ ¦Police ¦ ¦ ¦ ¦ ¦2¦Department and charged with shoplifting. Me was released on a personal ¦ ¦ ¦recognizance ¦ ¦ ¦ ¦ ¦ ¦bond, pending further court action. At this time, based on the value of the¦ ¦ ¦merchandise ¦ ¦ ¦ ¦ ¦ ¦(over $1,000), the charge has been referred for Indictment with the ¦ ¦ ¦Superior Court of ¦ ¦ ¦ ¦ ¦ ¦New Jersey, Monmouth vicinage, and it remains pending. ¦ +-+---------------------------------------------------------------------------¦ ¦ ¦The offender has violated the supervision condition which states You shall ¦ ¦ ¦not enter ¦ ¦ ¦ ¦ ¦ ¦into any agreement to act as an informer or a special agent of a law ¦ ¦ ¦enforcement ¦ ¦ ¦ ¦ ¦3¦agency without the permission of the court.' ¦ ¦ ¦ ¦ ¦ ¦On December 27, 2011, the offender signed on with the Federal Bureau of ¦ ¦ ¦ ¦ ¦ ¦Investigation to become an informant, doing so without the permission of ¦ ¦ ¦the United ¦ ¦ ¦ ¦ ¦ ¦States Probation Office or the Court. ¦ +-+---------------------------------------------------------------------------¦ ¦ ¦The offender has violated the supervision condition which states 'You shall¦ ¦ ¦not ¦ ¦ ¦ ¦ ¦ ¦commit another federal, state, or local crime.' ¦ ¦ ¦ ¦ ¦ ¦On June 19, 2012, the undersigned officer received information from law ¦ ¦ ¦enforcement ¦ ¦4¦ ¦ ¦ ¦that the offender is alleged to have been involved in the unauthorized ¦ ¦ ¦possession of at ¦ ¦ ¦ ¦ ¦ ¦least one firearm. As such, on June 19, 2012, an arrest warrant was issued ¦ ¦ ¦by the ¦ ¦ ¦ ¦ ¦ ¦Neptune, New Jersey Police Department. ¦ +-+---------------------------------------------------------------------------¦ ¦ ¦The offender has violated the standard supervision condition which states ¦ ¦ ¦You shall ¦ ¦ ¦ ¦ ¦ ¦notify the probation officer within 72 hours of any change of residence ¦ ¦ ¦or ¦ ¦ ¦ ¦ ¦ ¦employment.' ¦ ¦ ¦ ¦ ¦5¦On June 19,2012, the undersigned became aware that the offender may have ¦ ¦ ¦become ¦ ¦ ¦ ¦ ¦ ¦an absconder from supervision, efforts by law enforcement officials and the¦ ¦ ¦probation ¦ ¦ ¦ ¦ ¦ ¦officer to locate the offender have been unsuccessful. His whereabouts are ¦ ¦ ¦currently ¦ ¦ ¦ ¦ ¦ ¦unknown. ¦ +-----------------------------------------------------------------------------+
I declare under penalty of perjury that the foregoing is true and correct.
By: Carolyn S. Johnson
U.S. Probation Officer
THE COURT ORDERS:
[√] The addition of new charge(s) AND the is suance of a warrant
[ ] The Issuance of a Summons Date of Hearing.
[ ] Other
____________
Signature of Judicial Officer