Opinion
Docket Number: 1:05CR00444-01 AWI
07-12-2012
USA v. Gessner
Assistant U.S. Attorney: Dawrence W. Rice Jr. Defense Attorney: Francine Zepeda
PETITION TO MODIFY THE CONDITIONS OR TERM OF SUPERVISION
WITH CONSENT OF THE OFFENDER
(Probation Form 49, Waiver of Hearing, is on file)
Offender Name: Christopher Curtis Gessner Offender Address: Visalia, California Judicial Officer: Honorable Anthony W. Ishii
Chief United States District Judge
Fresno, California
Original Sentence Date: June 27, 2006 Original Offense: Counts 1,2, and 3: 18 USC 2113(a), Credit Union and Bank
Robbery (CLASS C FELONIES)
Original Sentence: 84 months Bureau of Prisons; 36 months TSR; mandatory
drug testing; $300 SA; $1,337.46 restitution.
Special Conditions: 1) Search and seizure; 2) Shall not dissipate assets;
3) Provide financial requested information; 4) No new credit
charges or additional lines of credit; 5) Participate in
drug/alcohol treatment program; 6) Drug/alcohol testing;
7) Abstain from alcohol; 8) Co-payment; 9) DNA
Type of Supervision: Supervised Release Supervision Commenced: November 29, 2011 Assistant U.S. Attorney: Dawrence W. Rice Jr. Defense Attorney: Francine Zepeda
Other Court Action:
01/09/2010: Probation form 12B, Petition to Modify The Conditions or
Term of Supervision with Consent of the Offender, was filed
with the Court to include participation in outpatient mental
health treatment.
05/17/2012: Probation Form 12A, Report of Offender Non-compliance,
was filed with the court due to two positive (marijuana)
urinalysis.
PETITIONING THE COURT
To modify the conditions of supervision as follows:
The defendant shall reside and participate in the Residential Reentry Center (RRC), Turning Point, in California, for a period up to 180 days; said placement shall commence at the direction of the probation officer, pursuant to 18 USC 3563(b)(11). The defendant shall pay the cost of confinement as determined by the Bureau of Prisons.Justification: The defendant is currently residing with his adult daughter in Visalia, California. However, the defendant's daughter requested that the defendant move out immediately. The defendant has no other family members he can reside with, and no steady source of income. Basically, the defendant is about to become homeless. On July 11, 2012, the defendant signed Probation Form 49, Waiver of Hearing to Modify, agreeing to have his conditions of supervision modified to include up to 180 days at the Residential Reentry Center (RRC). While at the RRC, the defendant will be afforded stable residence and assistance with employment. Therefore, it is respectfully recommended the Court approve this modification plan, which will allow the defendant to reside at the RRC while giving him an opportunity to secure employment and a residence. Should the Court have any questions, please contact the probation officer at (559) 799-2933.
Respectfully submitted,
Yasmin Villegas
YASMIN VILLEGAS
United States Probation Officer
Telephone: (559) 734-2933
DATED: July 11, 2012
Visalia, California
YV
REVIEWED BY: Ben Blankenship
BEN J. BLANKENSHIP
Senior United States Probation Officer
THE COURT ORDERS:
(X) Modification approved as recommended. () Modification not approved at this time. Probation Officer to contact Court. () Other: cc: United States Probation
Dawrence W. Rice, Jr., Assistant United States Attorney
Franzine Zepeda, Assistant Federal Defender
Court File
IT IS SO ORDERED.
______________________________
CHIEF UNITED STATES DISTRICT JUDGE