Opinion
CRIMINAL ACTION NO. 2:03-00063
01-20-2015
UNITED STATES OF AMERICA v. LACY MOORE
SUPERVISED RELEASE REVOCATION AND JUDGMENT ORDER MEMORANDUM OPINION AND ORDER
On January 13, 2015, the United States of America appeared by Joshua C. Hanks, Assistant United States Attorney, and the defendant, Lacy Moore, appeared in person and by his counsel, David R. Bungard, Assistant Federal Public Defender, for a hearing on the petition on supervised release submitted by United States Probation Officer Joseph Black. The defendant commenced a fifty-two month term of supervised release in this action on October 20, 2014, as more fully set forth in the Supervised Release Revocation and Judgment Order entered by the court on July 9, 2013.
The court heard the admissions of the defendant and the representations and argument of counsel.
For reasons noted on the record of this proceeding, which are ORDERED incorporated herein by reference, the court found that the defendant has violated the conditions of supervised release in the following respects: (1) the defendant failed to abide by the special condition that he spend six months at Dismas Charities inasmuch as he entered the program on October 20, 2014, and was discharged on November 7, 2014, for threatening a female resident; and (2) the defendant used and possessed marijuana as evidenced by a positive urine specimen on November 10, 2014, after which he admitted to the probation officer that he smoked what he believed to be artificial marijuana; all as admitted by the defendant on the record of the hearing and as set forth in the petition on supervised release.
And the court finding, as more fully set forth on the record of the hearing, that the violations warrant revocation of supervised release and, further, that it would unduly depreciate the seriousness of the violations if supervised release were not revoked, it is ORDERED that the supervised release previously imposed upon the defendant in this action be, and it hereby is, revoked.
And the court having complied with the requirements of Rule 32(a)(1)(B) and (C) of the Federal Rules of Criminal Procedure, and finding, after considering the factors set forth in 18 U.S.C. § 3583(e), that the defendant should be confined to the extent set forth below, it is accordingly ORDERED that the defendant be, and he hereby is, committed to the custody of the United States Bureau of Prisons for imprisonment for a period of EIGHT (8) MONTHS, to be followed by a term of forty-two (42) months of supervised release upon the standard conditions of supervised release now in effect in this district by order entered June 22, 2007, and the further condition that the defendant not commit another federal, state or local crime.
The defendant was remanded to the custody of the United States Marshal.
Recommendation: The court recommends that the defendant be designated to an institution as close to Charleston, West Virginia, as feasible.
The Clerk is directed to forward copies of this written opinion and order to the defendant, all counsel of record, the United States Probation Department, and the United States Marshal.
DATED: January 20, 2015
/s/_________
John T. Copenhaver, Jr.
United States District Judge