Opinion
Case Number: 2:09CR00064-001
10-11-2012
Request for Modifying the Conditions or Term of Supervision
with Consent of the Offender
(Probation Form 49, Waiver of Hearing is Attached)
Name of Sentencing Judicial Officer: The Honorable Robert H. Whaley, Senior U.S. District Judge Date of Original Sentence: November 13, 2009
Type of Supervision: Supervised Release Original Offense: Felon in Possession of a Firearm
and Ammunition, 18 U.S.C. § 922(g)(1)
Date Supervision to Commence: October 13, 2012 Original Sentence: Prison - 46 Months;
TSR - 36 Months
Date Supervision Expires: October 12, 2015
PETITIONING THE COURT
To remove the conditions of supervision as follows: 18 You shall reside in a residential reentry center (RRC) for a period of up to 180 days. You shall abide by the rules and requirements of the facility and shall participate in programs offered by the facility at the direction of the supervising officer.
CAUSE
Mr. Sawyer is scheduled to release from the Bureau of Prisons' custody on October 13, 2012. At this time, he has an approved release address in Spokane, Washington, and will reside with a friend. He has had the benefits of prerelease transition services since June 8, 2012, and is not in need of an additional 180 days of RRC placement. Therefore, it is respectfully recommended that the above special condition be removed. Mr. Sawyer has signed the attached waiver of hearing after being advised of his right to a hearing before Your Honor and advice of counsel.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on: 10/09/2012
Anne Sauther
U.S. Probation Officer
THE COURT ORDERS [ ] No Action [ ] The Extension of Supervision as Noted Above [ ] The Modification of Conditions as Noted Above [ ] Other
______________________
Signature of Judicial Officer
Waiver of Hearing to Modify Conditions
of Probation/Supervised Release or Extend Terra of Supervision
Ihave been advised and understand that I am entitled by law to a hearing and assistance of counsel before any unfavorable change may be made in my Conditions of Probation and Supervised Release or my period of supervision being extended. By "assistance of counsel" I understand that I have the right to be represented at the hearing by counsel of my own c loosing if I am able to retain counsel. I also understand that 1 have the right to request the court to appoint counsel to represent me at such a bearing at no cost to myself if I am not able to retain counsel of my own choosing.
I hereby voluntarily waive my statutory right to a hearing and to assistance of counsel. I also agree to Mowing modification of my Conditions of Probation and Supervised Release or to the proposed extension of my term of supervision: To remove the conditions of supervision as follows: 18 You shall reside in a residential reentry center (RRC) for a period of up to 180 days. You shall abide by the rules and requirements of the facility and shall participate in programs offered by the facility at the direction of the supervising officer. Witness: ______________
U.S. Probation Officer
Signed: _________________
Todd Sawyer
Probationer or Supervised Releases