Opinion
McGREGOR W. SCOTT, United States Attorney, MATTHEW C. STEGMAN, Assistant U.S. Attorney, JOSEPH M. COOK, Certified Law Student, Sacramento, California.
PROBATION REVOCATION PETITION AND NOTICE OF HEARING
JOHN F. MOULDS, Judge.
On August 22, 2002, defendant Sherri Ann Herndon, was sentenced based on her conviction for a violation of Title 18, United States Code, Section 641 - Theft of Government Property. As part of the original sentence, Herndon was ordered to pay restitution in the amount of $10, 006.28, a fine in the amount of $1, 000.00 and a special assessment of $25.00. Herndon was also sentenced to a term of 60 months supervised probation. On December 22, 2006, Herndon's sentence was modified to allow court probation in lieu of supervised probation. On July 5, 2007, Herndon's sentence was modified again as this Court ordered that all terms of court probation remain in effect and ordered the additional terms as follows:
1. The defendant shall make a payment of $600.00 on or before July 26, 2007;
2. The defendant shall complete the U.S. Attorney's Financial Litigation Unit Financial Statement form and return the form to the U.S. Attorney's Office by July 12, 2007.
The United States alleges that Herndon has violated these amended conditions of probation as follows:
1. The defendant did not make a $600.00 payment, nor any payment by July 26, 2007;
2. The defendant returned an incomplete Financial Statement form to the U.S. Attorney's Office, when offered an opportunity to correct her omissions, the defendant did not do so.
At the July 5, 2007 hearing, Herndon represented to the court that she would make a $600.00 payment to the court. Based on this representation, the court modified the sentence by ordering Herndon to make a $600.00 payment by July 26, 2007. Herndon informed her counsel that she made the payment. Herndon's counsel relayed this information to the prosecutor on July 27, 2007. The records of the Clerk of the Court indicate that, as of July 31, 2007, no payment has been made. See attached Exhibit 1.
Herndon was also ordered to complete a Financial Statement Form and return it the United States Attorney's Financial Litigation Unit. The Court imposed this condition because Herndon has an outstanding fine and restitution balance exceeding $8, 700, which is unlikely to be paid before the termination of Herndon's five-year term of probation. Herndon was ordered to return the form by July 12, 2007. Herndon returned the form on July 17, 2007.
The prosecutor in this case was informed by the Financial Litigation Unit that the form was lacking substantial information, and did not include any of the required supporting documentation. The government contacted Herndon's counsel, regarding the omissions on the form and the lack of documentation, the government provided Herndon with a photocopied version of the form, highlighting areas that needed to be completed and basic documents which needed to be attached to the Financial Statement.
Herndon's counsel relayed this information to Herndon. Herndon's counsel reported back to the prosecutor that the form, was to the best of the Herndon's knowledge, complete.
The United States maintains that Herndon has not completed the Financial Statement, and is therefore in violation of this Court's order, and Herndon's terms of court probation.
The United States therefore petitions the Court to place this matter on its calendar for 11:00 a.m. on Wednesday, September 5, 2007, to allow the defendant to show cause why the probation granted on August 22, 2002, and modified on December 22, 2006, and July 5, 2007, should not be revoked.
ORDER
Based on the foregoing allegations, and the good cause appearing therefrom, it is hereby ordered that the defendant appear on Wednesday, September 5, 2007, at 11:00 a.m., to show cause why the probation granted on August 22, 2002, and subsequently modified, should not be revoked.
IT IS SO ORDERED.