Opinion
Docket Number: 03-00844-007 PACTS Number: 41372
03-20-2012
USA v. DILLARD et al
Assistant U.S. Attorney: Joseph Shumofsky Defense Attorney: Patrick McMahon
Petition for Warrant or Summons for Offender Under Supervision
Name of Offender: NICHOLS, Rahman
Name of Sentencing Judicial Officer: Honorable Katharine S. Hayden, U.S.D.J.
Date of Original Sentence: 05/29/2007
Date of Revocation: 10/05/2011
Original Offense: Racketeering
Original Sentence: 70 months imprisonment; 5 years supervised release.
Revocation Sentence: 4 months imprisonment; 16 months supervised release; $100 special assessment; $1,000 fine. Special conditions: 1) drug and alcohol testing/treatment; 2) financial disclosure; 3) mental health treatment; 4) no street-gang association; 5) DNA collection; 6) four (4) months community confinement; and 7) domestic violence counseling.
Type of Supervision: Supervised Release
Date Supervision Commenced: 11/18/2011
Assistant U.S. Attorney: Joseph Shumofsky
Defense Attorney: Patrick McMahon
PETITIONING THE COURT
[X] To issue a warrant to act as a detainer
[ ] To issue a summons
The probation officer believes that the offender has violated the following condition(s) of supervision:
+-----------------------------------------------------------------------------------------+ ¦Violation¦Nature of Noncompliance ¦ ¦Number ¦ ¦ +---------+-------------------------------------------------------------------------------¦ ¦ ¦The offender has violated the standard supervision condition which states ¦ ¦ ¦'You ¦ ¦ ¦ ¦ ¦ ¦shall answer truthfully all inquiries by the Probation Officer and follow the ¦ ¦ ¦ ¦ ¦ ¦instructions of the Probation Officer.' ¦ ¦ ¦ ¦ ¦1 ¦On November 21, 2011, during a face-to-face interview conducted within his ¦ ¦ ¦ ¦ ¦ ¦residence, the undersigned Probation Officer strictly forbade any contact with ¦ ¦ ¦ ¦ ¦ ¦T.T., Nichols' ex-girlfriend. This instruction was based on the substantial ¦ ¦ ¦history ¦ ¦ ¦ ¦ ¦ ¦of domestic violence. ¦ +-----------------------------------------------------------------------------------------+
+-----------------------------------------------------------------------------+ ¦ ¦The offender has violated the mandatory supervision condition which states ¦ ¦ ¦'You ¦ ¦ ¦ ¦ ¦ ¦shall not commit another federal, state, or local crime.' ¦ ¦ ¦ ¦ ¦ ¦On March 9, 2012, Nichols was arrested by East Orange Police Department. ¦ ¦ ¦ ¦ ¦ ¦According to investigative reports, on March 8, 2012, he attacked his ex- ¦ ¦ ¦ ¦ ¦2¦girlfriend, T.T., by stabbing her ten (10) times. Nichols fled the scene ¦ ¦ ¦after the ¦ ¦ ¦ ¦ ¦ ¦incident, but self-surrendered the following day. He was charged with an ¦ ¦ ¦ ¦ ¦ ¦assortment of violent offenses, including: criminal attempt - murder, ¦ ¦ ¦possession ¦ ¦ ¦ ¦ ¦ ¦_____________________ The case is pending disposition within New Jersey ¦ ¦ ¦ ¦ ¦ ¦Superior Court, Essex ___ ¦ +-+---------------------------------------------------------------------------¦ ¦ ¦The offender has violated the standard supervision condition which stales ¦ ¦ ¦ ¦ ¦ ¦shall notify the Probation Officer within 72 hours of being arrested or ¦ ¦ ¦ ¦ ¦ ¦questioned by a law enforcement officer.' ¦ ¦3¦ ¦ ¦ ¦Nichols failed to notify the undersigned Probation Officer about the arrest¦ ¦ ¦ ¦ ¦ ¦detailed in Violation #2. Likewise, no family member of the offender ¦ ¦ ¦contacted ¦ ¦ ¦ ¦ ¦ ¦Our Office on his behalf. ¦ +-----------------------------------------------------------------------------+
I declare under penalty of perjury that the foregoing is true and correct.
By: Joseph Empirio, U.S.P.O.
THE COURT ORDERS:
[×] The Issuance of a Warrant to Act as a Detainer in Essex County and Bail Revoked. [ ] The Issuance of a Summons. Date of Hearing: __________________ .
[ ] No Action
[ ] Other
__________________
Signature of Judicial Officer