Opinion
Docket Number: 08-00846-001 PACTS Number: 51769
12-20-2012
Assistant U.S. Attorney: Scott B. McBride, Newark, New Jersey 07102 Defense Attorney: Kevin F. Carlucci, Newark, New Jersey
Petition for Warrant or Summons for Offender Under Supervision
Name of Sentencing Judicial Officer: HONORABLE JOSE L. LINARES
UNITED STATES DISTRICT JUDGE
Date of Original Sentence: 03/10/2009
Date of Violation Sentence: 07/12/2011
Original Offense: CONSPIRACY TO DEFRAUD THE UNITED STATES, 18 U.S.C. § 371 Original Sentence: 26 months imprisonment; 3 years supervised release.
Violation Sentence: 8 months imprisonment; 28 months supervised release.
Type of Supervision: supervised release
Date Supervision Commenced: 2-12-12 Assistant U.S. Attorney: Scott B. McBride, Newark, New Jersey 07102 Defense Attorney: Kevin F. Carlucci, Newark, New Jersey
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 mandatory supervision condition ¦ ¦ ¦which states 'You ¦ ¦ ¦ ¦ ¦ ¦shall not commit another federal, state, or local crime.' ¦ ¦ ¦ ¦ ¦ ¦On November 7, 2012, the offender was arrested by officers from¦ ¦ ¦the Newark ¦ ¦1 ¦ ¦ ¦ ¦Police Department and charged with possession of a controlled ¦ ¦ ¦dangerous ¦ ¦ ¦ ¦ ¦ ¦substance and with distribution of a controlled dangerous ¦ ¦ ¦substance. The case ¦ ¦ ¦ ¦ ¦ ¦is pending and no date has been scheduled at Newark Municipal ¦ ¦ ¦Court. ¦ +-------------+---------------------------------------------------------------¦ ¦ ¦The offender has violated the standard supervision condition ¦ ¦ ¦which states 'You ¦ ¦ ¦ ¦ ¦ ¦shall notify the probation officer within 72 hours of being ¦ ¦2 ¦arrested or ¦ ¦ ¦ ¦ ¦ ¦questioned by a law enforcement officer.' ¦ ¦ ¦ ¦ ¦ ¦To this date, the offender has not disclose his arrest of ¦ ¦ ¦November 7, 2012. ¦ +-----------------------------------------------------------------------------+
+-----------------------------------------------------------------------------+ ¦ ¦The offender has violated the mandatory supervision condition which states ¦ ¦ ¦'As ¦ ¦ ¦ ¦ ¦ ¦a condition of supervision, you are instructed to pay restitution in the ¦ ¦ ¦ ¦ ¦ ¦amount of $17,884.98 to Anderson Check Cashing Corporation, 77 ¦ ¦ ¦ ¦ ¦ ¦Anderson Street, Hackensack, NJ 07601; Social Security Administration, ¦ ¦ ¦ ¦ ¦ ¦Debt Management Section, Attn: Court Refund, P.O. Box 2861, ¦ ¦3¦ ¦ ¦ ¦Philadelphia, PA 19122; and the United States Treasury; it shall be paid in¦ ¦ ¦ ¦ ¦ ¦the following manner: no less than $100 per month, to commence 30 days ¦ ¦ ¦ ¦ ¦ ¦after release from confinement' ¦ ¦ ¦ ¦ ¦ ¦The offender has failed to make any payments on his restitution, which has ¦ ¦ ¦an ¦ ¦ ¦ ¦ ¦ ¦outstanding balance of $17,884.98. ¦ +-----------------------------------------------------------------------------+
I declare under penalty of perjury that the foregoing __ and correct.
By: Luis R. Gonzaled
Senior 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