Opinion
CRIMINAL ACTION NO. 2:15-00179
06-09-2017
UNITED STATES OF AMERICA v. LEVI CARTER
SUPERVISED RELEASE REVOCATION AND JUDGMENT ORDER MEMORANDUM OPINION AND ORDER
On May 25, 2017, the United States of America appeared by Timothy D. Boggess, Assistant United States Attorney, and the defendant, Levi Carter, appeared in person and by his counsel, Lex A. Coleman, Assistant Federal Public Defender, for a hearing on the petition on supervised release submitted by United States Probation Officer Patrick M. Fidler. The defendant commenced a thirty-month term of supervised release in this action on February 2, 2017, as more fully set forth in the Supervised Release Revocation and Judgment Order entered by the court on November 30, 2016.
The court heard the admissions of the defendant and the representations and argument of counsel.
For reasons noted on the record of this proceeding, which are ORDERED incorporated herein by reference, the court found that the defendant has violated the conditions of supervised release in the following respect: the defendant failed to abide by the special condition that he spend a period of three months in a community confinement center inasmuch as he entered Dismas Charities on February 2, 2017, and on April 6, 2017, he was terminated from the program after receiving approximately 18 disciplinary reports and 5 written warnings; all as admitted by the defendant and all as set forth in the petition on supervised release.
And the court finding, as more fully set forth on the record of the hearing, that the violation warrants revocation of supervised release and, further, that it would unduly depreciate the seriousness of the violation if supervised release were not revoked, it is ORDERED that the supervised release previously imposed upon the defendant in this action be, and it hereby is, revoked.
And the court having complied with the requirements of Rule 32(a)(1)(B) and (C) of the Federal Rules of Criminal Procedure, and finding, after considering the factors set forth in 18 U.S.C. § 3583(e), that the defendant should be confined to the extent set forth below, it is accordingly ORDERED that the defendant be, and he hereby is, committed to the custody of the United States Bureau of Prisons for imprisonment for a period of FIVE (5) MONTHS.
The defendant was remanded to the custody of the United States Marshal.
Recommendation: The court recommends that the defendant be designated to an institution other than FCI Gilmer.
The Clerk is directed to forward copies of this written opinion and order to the defendant, all counsel of record, the United States Probation Department, and the United States Marshal.
DATED: June 9, 2017
/s/_________
John T. Copenhaver, Jr.
United States District Judge