Opinion
08-cr-87-bbc-5
06-17-2015
UNITED STATES OF AMERICA, Plaintiff, v. LAMAR LIGGONS, Defendant.
ORDER
A hearing on the probation office's petition for judicial review of Lamar Liggons' supervised release was held on June 17, 2015, before U.S. District Judge Barbara B. Crabb. The government appeared by Assistant U.S. Attorney Elizabeth G. Altaian. Defendant was present in person and by counsel, William Jones. Also present was Supervisory U.S. Probation Officer Michael Bell.
From the record and the parties' stipulation, I make the following findings of fact.
FACTS
Defendant was sentenced in the Western District of Wisconsin on May 20, 2009, following his conviction for armed bank robbery in violation of 18 U.S.C. § 2113(a) and (d), a Class B felony. He was committed to the custody of the Bureau of Prisons a term of 66 months, with a five-year term of supervised release to follow. He began his term of supervised release on December 26, 2013.
On July 23, 2014, defendant's conditions of supervised release were modified to include 90 days of home confinement to address his non-compliance with the conditions of his supervised release. Unbeknownst to the supervising probation officer, two weeks earlier defendant had violated Standard Condition No. 1 of his conditions of supervised release prohibiting him from leaving the judicial district without the permission of the court or probation officer, by traveling to Chicago, Illinois, on July 9, 2014. He violated the same condition by traveling to Chicago on December 25, 2014 and again on March 6, 2015.
Defendant violated Special Condition No. 4 of his conditions of supervised release, requiring him to abstain from the use of alcohol and illegal drugs, and to submit to drug testing, when he submitted a urine specimen on July 30, 2014 that tested positive for THC. Defendant failed to appear for drug tests on at least three occasions. In addition, he consumed alcohol on November 27, 2014.
Defendant's most serious violation falls into the category of a Grade C violation. Section 7B1.3(a)(2) of the advisory guidelines provides that upon a finding of a Grade C violation, the court may revoke supervised release, extend the term of supervised release or modify the conditions of supervision.
CONCLUSIONS
Defendant's criminal history falls into category III. With a Grade C violation, defendant has an advisory guideline term of imprisonment of 5 to 11 months. His original offense of conviction was a Class B felony. Under 18 U.S.C. § 3583(e), the statutory maximum to which he can be sentenced upon revocation is three years. 18 U.S.C. § 3583(h) authorizes another term of supervised release to follow imprisonment if supervised release is revoked.
Ordinarily, defendant's violations would warrant revocation; however, I am persuaded that a modification of the conditions of supervised release will carry out the statutory purposes of sentencing more effectively. Defendant's conditions of supervised release are modified to include a 180-day placement in a residential reentry center and participation in a cognitive behavioral program. Such modifications will be sufficient to hold defendant accountable for his non-compliant behavior, provide him an opportunity for substance abuse treatment and give him time to secure suitable housing.
When defendant was sentenced on May 20, 2009, he was ordered to comply with this court's standard conditions and four special conditions of supervision. Because defendant will remain on supervised release, those standard and special conditions will be reviewed, modified and justified on the record.
ORDER
IT IS ORDERED that the term of supervised release imposed on defendant Lamar Liggons on May 20, 2009 is CONTINUED and the following special conditions are added to his conditions of supervised release:
Spend 180 days in a residential reentry center, as approved by the supervising U.S. probation officer, with admission upon the first available vacancy. Defendant may be absent from the center for employment purposes, for mental health counseling and treatment and for passes consistent with program rules. Defendant is to pay his own medical expenses, if any, and is to
pay 25% of his gross income toward the daily cost of residence. Defendant may be discharged early from the facility upon the approval of both the facility administrator and the supervising U.S. probation officer. Defendant shall remain in the custody of the United States Marshals Service until a placement at Rock Valley Community Programs becomes available.
Participate in the Positive Attitude Development (PAD) program as directed by the supervising U.S. probation officer.
The standard and special conditions of supervised release that were imposed at the time of sentencing on May 20, 2009, were related reasonably to the offense of conviction or to defendant's personal history and characteristics. I find that the following non-mandatory conditions of supervision are related reasonably to the offense of conviction, defendant's recent non-compliance with his conditions of supervised release and the defendant's personal history and characteristics.
| STANDARD CONDITIONS | JUSTIFICATION | |
| 1 | Defendant shall not leave the judicialdistrict without the permission of the courtor probation officer. | To provide community protection, rehabilitationfor defendant, and to enable the supervisingprobation officer's statutory duty to keepinformed of defendant's location, conduct,condition, and compliance. 18 U.S.C. §3553(a)(1), (a)(2)(B) and (C); 18 U.S.C. §3563(b)(14); 18 U.S.C. § 3603(2) and (7);USSG §5B1.3(b)(1)(A), (C), (D) and (b)(2);USSG §5D1.3(b)(1)(A), (B), (C) and (b)(2). |
| 2 | Defendant is to report to the probationoffice as directed by the court or probationofficer and shall submit a complete writtenreport within the first five days of eachmonth, answer inquiries by the probationofficer and follow the officer's instructions.The monthly report and the answer to theinquiries shall be truthful in all respectsunless a fully truthful statement would tendto incriminate defendant, in violation of hisconstitutional rights, in which casedefendant has the right to remain silent. | To provide community protection andrehabilitation for defendant, to ensure officer anddefendant safety, and to enable the supervisingprobation officer's statutory duty to keepinformed of defendant's location, conduct,condition, and compliance. 18 U.S.C. §3553(a)(1), (a)(2)(B), (C) and (D); 18 U.S.C. §3563(b)(15)and (17); 18 U.S.C. § 3603(2), (3),(4) and (7); USSG §5B1.3(b)(1)(B), (C), (D),(E) and (b)(2); USSG §5D1.3(b)(1)(B), (C), (D)and (b)(2). |
| 3 | Defendant shall maintain lawfulemployment, seek lawful employment orenroll and participate in a course of studyor vocational training that will equip himfor suitable employment, unless he isexcused by the probation officer or thecourt. | Evidence based practice research indicates thatawful, stable employment and education are pro-social activities that reinforce the rehabilitationof defendant. Employment and education havebeen identified as risk factors for recidivism. 18U.S.C. § 3553(a)(2)(B), (C) and (D); 18 U.S.C.§ 3563(b)(4) and (5); 18 U.S.C. § 3603(2), (3),(4) and (7); USSG §5B1.3(b)(1)(C), (D) and (E);USSG §5D1.3(b)(1)(B), (C) and (D). |
| 4 | Defendant shall notify the probation officerwithin seventy-two hours of any change inresidence, employer or any change in jobclassification. | To provide community protection, rehabilitationfor defendant, to ensure officer and defendantsafety, and to enable the supervising probationofficer's statutory duty to keep informed ofdefendant's location, conduct, condition, andcompliance. 18 U.S.C. § 3553(a)(2)(C); 18U.S.C. § 3563(b)(13), (15), (16) and (19); 18U.S.C. § 3603(2), (3), (4) and (7); USSG§5B1.3(b)(1)(D) and (b)(2); USSG§5D1.3(b)(1)(C). |
| 5 | Defendant shall not purchase, possess, use,distribute or administer any narcotic orother controlled substance or anyparaphernalia related to such substancesexcept as prescribed by a physician. | Evidence based practice research indicates the useof illicit chemicals is a risk factor for recidivism.This condition is recommended to assist withdefendant's rehabilitation, officer and defendantsafety, and to protect the public. 18 U.S.C. §3553(a)(1), (a)(2)(A), (B) and (C); 18 U.S.C. §3563(b)(7); 18 U.S.C. § 3603(3); USSG§5B1.3(b)(1)(A), (B), (C) and (D); USSG§5D1.3(b)(1)(A), (B) and (C). |
| 6 | Defendant shall not visit places he knowsor has reason to believe that controlledsubstances are illegally sold, used,distributed or administered. | Evidence based practice research indicates thatfrequenting places where illicit chemicals are sold,used, distributed or administered increases therisk that defendant will purchase, use or possessillicit chemicals. Individuals involved in thedistribution of illicit chemicals present a risk ofpeer association as identified in the research.This condition supports rehabilitation ofdefendant and promotes public safety. 18 U.S.C.§ 3553(a)(1), (a)(2)(B) and (C); 18 U.S.C. §3563(b)(6); 18 U.S.C. § 3603(3); USSG§5B1.3(b)(1)(A), (B), (C), (D) and (b)(2); USSG§5D1.3(b)(1)(A), (B) and (C). |
| 7 | Defendant shall not meet, communicate orspend time with any persons he knows tobe engaged in criminal activity or planningto engage in criminal activity. | Evidence based practice research indicates thatassociation with peers involved in criminalactivity increases the risk of recidivism. Thiscondition promotes and encourages pro-socialrelationships that are conducive to a law-abidinglifestyle. 18 U.S.C. § 3553(a)(1), (a)(2)(A), (B)and (C); 18 U.S.C. § 3563(b)(6); 18 U.S.C. §3603(3); USSG §5B1.3(b)(1)(B), (C) and (D);USSG §5D1.3(b)(1)(B) and (C). |
| 8 | Defendant shall permit a probation officerto visit him at home, work or elsewhere atany reasonable time and shall permitconfiscation of any contraband observed inplain view by the probation officer. | Community contacts ensure compliance withcourt-ordered conditions and assist defendant inmaintaining a law-abiding lifestyle. 18 U.S.C. §3553(a)(1), (a)(2)(A), (B), and (C); 18 U.S.C. §3563(b)(13), (15), (16) and (17); 18 U.S.C. §3603(2), (3), (4) and (7); USSG§5B1.3(b)(1)(A), (B), (C), (D) and (b)(2); USSG§5D1.3(b)(1)(A), (B), (C) and (b)(2). |
| 9 | Defendant shall notify the probation officerwithin seventy-two hours of being arrestedor questioned by a law enforcement officer. | To provide for community safety andrehabilitation of defendant. 18 U.S.C. §3553(a)(1), (a)(2)(A), (B) and (C); 18 U.S.C. § |
| 3563(b)(18); 18 U.S.C. § 3603(2), (3), (4) and(7); USSG § 5B1.3 (b)(1)(A), (B), (C) and (D);USSG § 5D1.3 (b)(1)(A), (B) and (C). | ||
| 10 | Defendant shall not enter into anyagreement to act as an informer or a specialagent of a law enforcement agency withoutthe prior permission of the court. | Evidence based practice research indicatescontact with criminals and potential involvementin facilitating other crimes sanctioned by lawenforcement officers directly contradicts thecondition of no new offenses and criminalassociations, which are risk factors for recidivism.Therefore, strict monitoring by theCourt/probation office is necessary for the safetyof the community, defendant, and thesupervising probation officer. 18 U.S.C. §3553(a)(1), (a)(2)(A), (B) and (C); 18 U.S.C. §3563(b)(5), (6), (15), (17) and (18); 18 U.S.C.§ 3603(2), (3), (4) and (7); USSG§5B1.3(b)(1)(A), (B), (C) and (D); USSG§5D1.3(b)(1)(A), (B) and (C). |
| 11 | As directed by the probation officer,defendant shall notify third parties of risksthat may be occasioned by defendant'scriminal record or personal history orcharacteristics. The probation officer mayalso take steps to confirm defendant'scompliance with this notificationrequirement or provide such notificationsdirectly to third parties. | To protect the public from further crimesperpetrated by defendant. 18 U.S.C. §3553(a)(1), (b)(2)(A), (B) and (C); 18 U.S.C. §3563(b)(3), (4), (5), (6), (13) and (16); in a caseof crimes against property 18 U.S.C. § 3555; 18U.S.C. § 3603(2), (3), (4) and (7); USSG§5B1.3(b)(1)(A), (B), (C) and (D) and (b)(2);USSG §5D1.3(b)(1)(A), (B), (C) and (b)(2). |
The special conditions numbered below were imposed at the time of sentencing and are reimposed:
| SPECIAL CONDITIONS | JUSTIFICATION | |
| 1) | Register with local law enforcement agencies and thestate attorney general, as directed by the supervisingU.S. probation officer. | Imposed based on the offense ofconviction and the need to monitordefendant's compliance with local, stateand federal laws. |
| 2) | Provide the supervising U.S. probation officer any andall requested financial information, file all tax returnsin a timely manner and provide copies of state andfederal tax returns to the probation officer. | Imposed based on the offense ofconviction and the need to monitordefendant's compliance with therestitution order. |
| 3) | Submit his person, property, residence, office orvehicle to a search conducted by a U.S. probationofficer at a reasonable time and in a reasonablemanner, whenever the probation officer has reasonablesuspicion of contraband or of the violation of acondition of release; failure to submit to a search maybe a ground for revocation; defendant shall warn anyother residents that the premises he is occupying maybe subject to searches pursuant to this condition. | Imposed to respond to the nature of theoffense of conviction which is a crime ofviolence, the need to protect the publicfrom further criminal activity perpetratedby defendant and the need to ensure thesafety of the supervising U.S. probationofficer. |
| 4) | Abstain from the use of alcohol and illegal drugs andfrom association with drug users and sellers andparticipate in substance abuse treatment. Defendantshall submit to drug testing beginning within 15 daysof his release and 60 drug tests annually thereafter.The probation office may utilize the AdministrativeOffice of the U.S. Courts' phased collection process. | Imposed to respond to defendant's self-reported use of marijuana and hisprohibited use of drugs and alcohol whileon supervision. |
The special condition added to defendant's conditions of supervised release on July 23, 2014, requiring him to comply with the conditions of home confinement for 90 days, is ordered stricken.
Entered this 17th day of June, 2015.
BY THE COURT:
/s/_________
Honorable Barbara B. Crabb
U.S. District Judge