Opinion
Docket Number: 05-00647-001 PACTS Number: 44914
04-26-2012
USA v. HUTCHINSON
Amended Petition for Violation of Supervised Release
Name of Offender: HUTCHINSON, Anderson
Name of Sentencing Judicial Officer: Honorable Jose L. Linares, U.S.D.J.
Date of Original Sentence: 09/27/2007
Original Offense: Possession of a Firearm by a Convicted Felon
Original Sentence: 71 months imprisonment; three (3) years supervised release; $100 special assessment; $1,500 fine. Special conditions: 1) drug urinalysis/treatment; 2) financial disclosure; 3) no new debt; 4) DNA collection; and 5) no street gang association.
Type of Supervision: Supervised Release
Date Supervision Commenced: 05/17/2011
Assistant U.S. Attorney: Joseph Mack, 970 Broad Street, Room 502, Newark, New Jersey 07102 (973) 645-2700
Defense Attorney: Lisa Mack (AFPD), 1002 Broad Street, Newark, New Jersey 07102 (973) 645-6347
PETITIONING THE COURT
[X] To docket Amended Probation Form 12-C, replacing the Probation Form 12-C dated February 17,2012. 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 mandatory supervision condition ¦ ¦ ¦which states 'You ¦ ¦ ¦ ¦ ¦ ¦shall not commit another federal, state, or local crime.' ¦ ¦ ¦ ¦ ¦ ¦On May 31, 2011, near South 20* Street and Clinton Avenue, ¦ ¦ ¦Newark Police ¦ ¦ ¦ ¦ ¦1 ¦issued Hutchinson a citation for a local ordinance violation. ¦ ¦ ¦Reportedly, he ¦ ¦ ¦ ¦ ¦ ¦obstructed a public passage by making it impassable. ¦ ¦ ¦ ¦ ¦ ¦On June 15, 2011, within Newark Municipal Court, he was ¦ ¦ ¦convicted of ¦ ¦ ¦ ¦ ¦ ¦obstruction and assessed a fine. ¦ +-----------------------------------------------------------------------------+
+-----------------------------------------------------------------------------+ ¦ ¦The offender has violated the mandatory supervision condition which states ¦ ¦2¦'You ¦ ¦ ¦ ¦ ¦ ¦shall not commit another federal, state, or local crime.' ¦ +-+---------------------------------------------------------------------------¦ ¦ ¦On September 27, 2011, at 12:45am, the offender and co-defendants were ¦ ¦ ¦ ¦ ¦ ¦arrested by New Jersey State Police. According to investigative reports, ¦ ¦ ¦officers ¦ ¦ ¦ ¦ ¦ ¦reported to the area of South 20"' Street and Clinton Avenue in Newark to ¦ ¦ ¦ ¦ ¦ ¦conduct a narcotics investigation. A confidential informant (CI) reported ¦ ¦ ¦illegal ¦ ¦ ¦ ¦ ¦ ¦narcotic activity in front of944 South 20"1 Street and within apartment #'s¦ ¦ ¦4 and ¦ ¦ ¦ ¦ ¦ ¦6 on the building's first floor. The CI provided a physical description of ¦ ¦ ¦an ¦ ¦ ¦ ¦ ¦ ¦involved participant. ¦ ¦ ¦ ¦ ¦ ¦Police established surveillance in an unmarked vehicle with a clear view of¦ ¦ ¦the ¦ ¦ ¦ ¦ ¦ ¦apartment building's front gate. Hutchinson, matching the CI's description,¦ ¦ ¦was ¦ ¦ ¦ ¦ ¦ ¦observed standing/loitering in front of the building. Police exited their ¦ ¦ ¦vehicle ¦ ¦ ¦ ¦ ¦ ¦to further investigate, but Hutchinson noticed their presence and fled on ¦ ¦ ¦foot ¦ ¦ ¦ ¦ ¦ ¦towards the front door of the building. He ignored officer's instruction to¦ ¦ ¦stop. ¦ ¦ ¦ ¦ ¦ ¦During pursuit, he was observed holding a small plastic bag that police ¦ ¦ ¦identified ¦ ¦ ¦ ¦ ¦ ¦as being consistent with crack cocaine. Hutchinson entered Apartment # 6 ¦ ¦ ¦and ¦ ¦ ¦ ¦ ¦ ¦slammed the door behind him. He locked the door. While police banged on the¦ ¦ ¦ ¦ ¦ ¦door and stated their presence, commotion was heard within the apartment. ¦ ¦ ¦They ¦ ¦ ¦ ¦ ¦ ¦heard objects moving and the toilet flushing. Police eventually gained ¦ ¦ ¦access ¦ ¦ ¦ ¦ ¦ ¦with force. ¦ ¦ ¦ ¦ ¦ ¦Upon entering the apartment, a female co-defendant, identified as Adara ¦ ¦ ¦Hinton, ¦ ¦ ¦ ¦ ¦ ¦was standing in the hallway. Hutchinson was in a bedroom and placed under ¦ ¦ ¦ ¦ ¦ ¦arrest. Co-conspirators, Nakeeyah Davis and Hakeem Yarrell, were seated in ¦ ¦ ¦the ¦ ¦ ¦ ¦ ¦ ¦living room. Bags used to package crack cocaine were observed on the ¦ ¦ ¦entryway ¦ ¦ ¦ ¦ ¦ ¦floor. In the kitchen was a plate with cutting agents commonly used to ¦ ¦ ¦package ¦ ¦ ¦ ¦ ¦ ¦narcotics. A razor blade was observed in the bathroom on the rim of the ¦ ¦ ¦toilet ¦ ¦ ¦ ¦ ¦ ¦with particles of a white crystalline substance (consistent with crack ¦ ¦ ¦cocaine) ¦ ¦ ¦ ¦ ¦ ¦evident. It appeared someone destroyed or attempted to destroy evidence of ¦ ¦ ¦ ¦ ¦ ¦drugs. A search of Hinton's room uncovered two (2) small zip-lock bags ¦ ¦ ¦ ¦ ¦ ¦containing crack cocaine within a dresser drawer. Hinton claimed ownership ¦ ¦ ¦of ¦ ¦ ¦ ¦ ¦ ¦this substance and advised it was for her personal use. ¦ ¦ ¦ ¦ ¦ ¦Hinton was placed under arrest. Davis and Yarrell were not charged. ¦ ¦ ¦ ¦ ¦ ¦Hutchinson was charged with obstruction, issued a complaint, and released ¦ ¦ ¦on ¦ ¦ ¦ ¦ ¦ ¦his own recognizance. The case (S-2011-18994-0714) is pending disposition ¦ ¦ ¦ ¦ ¦ ¦within Newark Municipal Court. ¦ +-----------------------------------------------------------------------------+
+-----------------------------------------------------------------------------+ ¦ ¦The offender has violated the mandatory supervision condition which states ¦ ¦ ¦'You ¦ ¦ ¦ ¦ ¦ ¦shall not commit another federal, state, or local crime.' ¦ ¦ ¦ ¦ ¦ ¦On January 5, 2012, at 11:40pm, at 944 South 20* Street, Hutchinson was ¦ ¦ ¦ ¦ ¦ ¦arrested by Newark Police Department. He was charged with multiple drug ¦ ¦ ¦ ¦ ¦ ¦offenses. According to investigative reports, the offender was in ¦ ¦3¦possession of ¦ ¦ ¦ ¦ ¦ ¦six (6) blue-tinted zip lock baggies of cocaine, four (4) glassine ¦ ¦ ¦envelopes of ¦ ¦ ¦ ¦ ¦ ¦heroin, and $468. ¦ ¦ ¦ ¦ ¦ ¦He was released on bail and the case (W-2012-557-0714, W-2012-558-0714, W- ¦ ¦ ¦ ¦ ¦ ¦2012-559-0714, and W-2012-560-0714) is pending disposition within Newark ¦ ¦ ¦ ¦ ¦ ¦Municipal Court. ¦ +-+---------------------------------------------------------------------------¦ ¦ ¦The offender has violated the mandatory supervision condition which states ¦ ¦ ¦'You ¦ ¦ ¦ ¦ ¦ ¦shall not commit another federal, state, or local crime.' ¦ ¦ ¦ ¦ ¦ ¦On February 8,2012, at 1:42am, at the intersection of Grove Street and ¦ ¦ ¦Lyons ¦ ¦ ¦ ¦ ¦ ¦Avenue, the offender was arrested by Irvington Police Department. He was ¦ ¦4¦ ¦ ¦ ¦charged with multiple drug offenses. According to investigative reports, ¦ ¦ ¦ ¦ ¦ ¦subsequent to a motor vehicle traffic stop, Hutchinson was found to be in ¦ ¦ ¦ ¦ ¦ ¦possession of 33 baggies of cocaine and $237. ¦ ¦ ¦ ¦ ¦ ¦He was released on bail and the case (W-2012-237-0709) is pending ¦ ¦ ¦disposition ¦ ¦ ¦ ¦ ¦ ¦within New Jersey Superior Court, Essex County. ¦ +-+---------------------------------------------------------------------------¦ ¦ ¦The offender has violated the standard supervision condition which states ¦ ¦ ¦'You ¦ ¦ ¦ ¦ ¦ ¦shall not associate with any persons engaged in criminal activity, and ¦ ¦ ¦shall ¦ ¦ ¦ ¦ ¦ ¦not associate with any person convicted of a felony unless granted ¦ ¦ ¦ ¦ ¦5¦permission to do so by the Probation Officer.' ¦ ¦ ¦ ¦ ¦ ¦Regarding the September 27, 2011 arrest detailed within Violation #2, ¦ ¦ ¦co-conspirator, ¦ ¦ ¦ ¦ ¦ ¦Hakeem Yarrell (FBI # 511707TB3 / SBI # 673800C), is a four-time ¦ ¦ ¦ ¦ ¦ ¦convicted felon. Such association was never permitted by the Probation ¦ ¦ ¦Office. ¦ +-+---------------------------------------------------------------------------¦ ¦ ¦The offender has violated the standard supervision condition which states ¦ ¦ ¦'You ¦ ¦ ¦ ¦ ¦ ¦shall notify the Probation Officer within 72 hours of being arrested or ¦ ¦ ¦ ¦ ¦ ¦questioned by a law enforcement officer.' ¦ ¦ ¦ ¦ ¦ ¦Since October 2011, within Newark and Irvington, Hutchinson was pulled over¦ ¦ ¦ ¦ ¦ ¦by police on at least three (3) separate occasions. He was issued an ¦ ¦ ¦assortment ¦ ¦ ¦ ¦ ¦ ¦of motor vehicle summonses for infractions including: driving without a ¦ ¦6¦valid ¦ ¦ ¦ ¦ ¦ ¦driver's license, open container of alcohol in a motor vehicle, use of ¦ ¦ ¦hand-held ¦ ¦ ¦ ¦ ¦ ¦wireless telephone, and driving while revoked. In each occasion, he failed ¦ ¦ ¦to ¦ ¦ ¦ ¦ ¦ ¦notify the Probation Office accordingly. ¦ ¦ ¦ ¦ ¦ ¦Likewise, the offender failed to notify the undersigned Probation Officer ¦ ¦ ¦about ¦ ¦ ¦ ¦ ¦ ¦the arrests detailed in Violation #'s 2, 3, and 4 within the allotted time ¦ ¦ ¦period. ¦ +-----------------------------------------------------------------------------+
+-----------------------------------------------------------------------------+ ¦ ¦The offender has violated the supervision condition which states 'You shall¦ ¦ ¦ ¦ ¦ ¦report to the Probation Officer as directed by the Court or Probation ¦ ¦ ¦ ¦ ¦ ¦Officer, and shall submit a truthful and complete written report within the¦ ¦ ¦ ¦ ¦ ¦first five days of each month.' ¦ ¦ ¦ ¦ ¦7¦The offender failed to report to the probation office as directed on August¦ ¦ ¦3, ¦ ¦ ¦ ¦ ¦ ¦2011. In addition, he failed to submit a monthly written report within the ¦ ¦ ¦allotted ¦ ¦ ¦ ¦ ¦ ¦time period for the following months: July 2011, August 2011, October 2011,¦ ¦ ¦ ¦ ¦ ¦and January 2012. ¦ +-+---------------------------------------------------------------------------¦ ¦ ¦The offender has violated the mandatory supervision condition which states ¦ ¦ ¦'You ¦ ¦ ¦ ¦ ¦ ¦shall not commit another federal, state, or local crime.' ¦ ¦ ¦ ¦ ¦8¦On or about April 13,2012, near the intersection of South 20th Street and ¦ ¦ ¦Clinton ¦ ¦ ¦ ¦ ¦ ¦Avenue in Newark, Hutchinson was arrested by New Jersey State Police. He ¦ ¦ ¦ ¦ ¦ ¦was charged with multiple drug distribution offenses. ¦ +-----------------------------------------------------------------------------+
I declare under penalty of perjury that the foregoing is true and correct.
By: Joseph Empirio, U.S.P.O.
THE COURT ORDERS:
[×] Docket an Amended Probation Form 12-C, replacing Probation Form 12-C dated February 17,2012.
[ ] No Action
[ ] Other
__________________
Signature of Judicial Officer