Opinion
Case Number: 2:10CR00046-001
05-14-2012
USA v. Name of Offender: Rudy Lynn Carney
Request for Modifying the Conditions or Term of Supervision
with Consent of the Offender
(Probation Form 49, Waiver of Hearing is Attached)
Name of Sentencing Judicial Officer: The Honorable Edward F. Shea, U.S. District Judge
Type of Supervision: Supervised Release
Original Offense: Possession of Child Pornography, 18 U.S.C. § 2252A(a)(5)(B)
Original Sentence: Prison -16 Months;
TSR - 60 Months
PETITIONING THE COURT
To modify the conditions of supervision as follows: 22 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
Mr. Carney has been residing at the Spokane Residential Reentry Center (RRC) since February 24, 2012. He does not have a residence to release to nor a place to live. He is currently unemployed. He would benefit from extra time at the RRC to find a residence and employment.
I declare under penalty of perjury that the foregoing is true and correct.
____________________________
Anne Sauther
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
Waiver of Hearing to Modify Conditions
of Probation/Supervised Release or Extend Term of Supervision
I have been advised and understand that I am entitled by law to a hearing and assistance of counsel before any unfavorable change may be made in my Conditions of Probation and Supervised Release or my period of supervision being extended. By "assistance of counsel," I understand that I have the right to be represented at the hearing by counsel of my own choosing if I am able to retain counsel. I also understand that I have the right to request the court to appoint counsel to represent me at such a hearing at no cost to myself if I am not able to retain counsel of my own choosing.
I hereby voluntarily waive my statutory right to a hearing and to assistance of counsel. I also agree to following modification of my Conditions of Probation and Supervised Release or to the proposed extension of my term of supervision: To modify the conditions of supervision as follows: 22 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.
Witness: ____________________________
U.S. Probation Officer
Signed: ____________________________
Rudy Lynn Carney
Probationer or Supervised Releasee