Opinion
Docket Number: 10-00115-001 PACTS Number: 50690
02-27-2012
USA v. JOHNSON
Amended Petition for Warrant or Summons for Offender Under Supervision
Name of Offender: Braddy Johnson
Name of Sentencing Judicial Officer: HONORABLE GEORGE P. KAZEN
UNITED STATES DISTRICT JUDGE, Southern District of Texas
Jurisdiction Transferred from SD/TX to D/NJ: 02/23/10
Name of Current Judicial Officer: HONORABLE FAITH S. HOCHBERG
UNITED STATES DISTRICT JUDGE
Date of Original Sentence: 08/27/2008
Original Offense: Conspiracy to Transport an Undocumented Alien within the United States by Means of a Motor Vehicle for Private Financial Gain in violation of Title 8 U.S.C. § 1324(a)(1)(B) (2 counts)
Original Sentence: 24 months imprisonment
Type of Supervision: supervised release (36 months)
Date Supervision Commenced: 09/08/09
Special Conditions: None
Assistant U.S. Attorney: To be Assigned, 970 Broad Street, Room 502 Newark, New Jersey 07102 (973) 645-2700
Defense Attorney: To be Assigned, 1002 Broad Street, Newark, New Jersey 07102 (973) 645-6347
PETITIONING THE COURT
[X] To issue a warrant
[ ] 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 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.' ¦ ¦ ¦ ¦ ¦ ¦The offender has failed to report to the U.S. Probation Office as instructed ¦ ¦1 ¦on ¦ ¦ ¦ ¦ ¦ ¦April 28, May 5, August 20, August 25, September 27, October 7 and October ¦ ¦ ¦ ¦ ¦ ¦12, 2010. He has also failed to submit monthly supervision reports for July, ¦ ¦ ¦ ¦ ¦ ¦August and September 2010. In July 2010, he submitted his monthly supervision¦ ¦ ¦ ¦ ¦ ¦reports for September through December 2009 and January through June 2010, ¦ ¦ ¦ ¦ ¦ ¦following numerous requests by the undersigned officer to submit as ¦ ¦ ¦instructed. ¦ +---------------------------------------------------------------------------------------+
+-------------------------------------------------------------------------------+ ¦ ¦The offender has violated the standard supervision condition which states ¦ ¦ ¦'You ¦ ¦ ¦ ¦ ¦ ¦shall not commit another federal, state, or local crime.' ¦ ¦ ¦ ¦ ¦ ¦On April 28, 2011, the offender was arrested by Roselle, New Jersey Police, ¦ ¦ ¦ ¦ ¦ ¦following a complaint of a theft of a motor vehicle at "On Time Ambulance," ¦ ¦ ¦ ¦ ¦ ¦located at 135 East Highland Parkway in Roselle. On July 20, 2011, Johnson ¦ ¦2¦ ¦ ¦ ¦pled guilty to a one-count Accusation (11-07-856), charging him with fourth ¦ ¦ ¦ ¦ ¦ ¦degree theft by unlawful taking. On September 23, 2011, Johnson appeared ¦ ¦ ¦ ¦ ¦ ¦before the Honorable Frederic McDaniel in New Jersey Superior Court, Union ¦ ¦ ¦ ¦ ¦ ¦County, at which time, he was sentenced to one year with the New Jersey ¦ ¦ ¦ ¦ ¦ ¦Department of Corrections. He earned 148 days jail time credit and was fined ¦ ¦ ¦ ¦ ¦ ¦$155. ¦ +-+-----------------------------------------------------------------------------¦ ¦ ¦The offender has violated the standard supervision condition which states ¦ ¦ ¦'You ¦ ¦ ¦ ¦ ¦ ¦shall work regularly at a lawful occupation unless excused by the probation ¦ ¦ ¦ ¦ ¦ ¦officer for schooling, training or other acceptable reasons.' ¦ ¦3¦ ¦ ¦ ¦Since commencement of his supervised release term, the offender has failed to¦ ¦ ¦ ¦ ¦ ¦secure and maintain gainful, legitimate employment despite numerous efforts ¦ ¦ ¦by ¦ ¦ ¦ ¦ ¦ ¦the undersigned officer to assist him. ¦ +-+-----------------------------------------------------------------------------¦ ¦ ¦The offender has violated the standard supervision condition which states ¦ ¦ ¦'As a ¦ ¦ ¦ ¦ ¦ ¦condition of supervision, you are instructed to pay a fine in the amount of ¦ ¦ ¦ ¦ ¦ ¦$2,000 and a $200 special assessment' ¦ ¦ ¦ ¦ ¦ ¦At the sentencing hearing held on August 27, 2008, the offender was ordered ¦ ¦ ¦to ¦ ¦4¦ ¦ ¦ ¦pay a $2,000 fine, as well as, a $200 special assessment. While in custody, ¦ ¦ ¦the ¦ ¦ ¦ ¦ ¦ ¦offender paid $75 toward the fine. Since his commencement of supervised ¦ ¦ ¦ ¦ ¦ ¦release on September 8, 2009, he has not submitted a single payment. His ¦ ¦ ¦current ¦ ¦ ¦ ¦ ¦ ¦balance is $2,125. ¦ +-------------------------------------------------------------------------------+
I declare under penalty of perjury that the foregoing is true and correct.
By: Elizabeth A. Villa
Sr. U.S. Probation Officer
THE COURT ORDERS:
[√] The Issuance of a Warrant
[ ] The Issuance of a Summons. Date of Hearing __________________
[ ] No Action
[ ] Other
__________________
Signature of Judicial Officer