Opinion
Docket Number: 05-00340-001 PACTS Number: 37985
05-02-2012
USA v. SOMERS
Petition for Warrant or Summons for Offender Under Supervision
Name of Offender: Robert Somers
Name of Sentencing Judicial Officer: HONORABLE KATHARINE S. HAYDEN SENIOR UNITED STATES DISTRICT JUDGE
Date of Original Sentence: 12/18/07
Original Offense: BANK ROBBERY
Original Sentence: 77 months imprisonment; 3 years supervised release. Special conditions: refrain from alcohol/drug use; substance abuse treatment; mental health treatment; and DNA testing; Restitution of $770.
Type of Supervision: Supervised Release
Date Supervision Commenced: 09/08/10
Date of Violation Sentence: 07/15/11
Violation Sentence: Revocation of 4 months imprisonment(time served); 32 months supervised release.- All previous terms of supervised release imposed shall remain in effect.
Assistant U.S. Attorney: Lee Cortes, 970 Broad Street, Room 502, Newark, New Jersey 07102, (973) 645-f 2700
Defense Attorney: Wanda Aiken, Esq., One Gateway Center, Suite 2600, Room 502, Newark, New Jersey 07102,(973)623-6834
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 notify the probation officer within 72 hours of any ¦ ¦ ¦change of residence ¦ ¦ ¦ ¦ ¦ ¦or employment.' ¦ ¦ ¦ ¦ ¦ ¦The offender provided a false address to the probation office ¦ ¦1 ¦and his ¦ ¦ ¦ ¦ ¦ ¦whereabouts were unknown for the month of October 2011. Upon ¦ ¦ ¦his release ¦ ¦ ¦ ¦ ¦ ¦from Integrity in the beginning of August 2011, he presented ¦ ¦ ¦the undersigned ¦ ¦ ¦ ¦ ¦ ¦with his residence address of 715 3ri Street (basement ¦ ¦ ¦apartment), Secaucus, New ¦ +-----------------------------------------------------------------------------+
+-----------------------------------------------------------------------------+ ¦ ¦Jersey. Soon after his release, the offender was arrested for Shoplifting, ¦ ¦ ¦and was ¦ ¦ ¦ ¦ ¦ ¦incarcerated until the end of September 2011, at which time, he presented ¦ ¦ ¦the ¦ ¦ ¦ ¦ ¦ ¦same address. In October 2011, the undersigned discovered during a home ¦ ¦ ¦visit, ¦ ¦ ¦ ¦ ¦ ¦from the owner of the residence, that the offender had never lived at such ¦ ¦ ¦ ¦ ¦ ¦address. ¦ ¦ ¦ ¦ ¦ ¦On November 1,2011, the offender showed up at the probation office, ¦ ¦ ¦advising ¦ ¦ ¦ ¦ ¦ ¦he had relapsed back to using illegal substances, and the following day, ¦ ¦ ¦was ¦ ¦ ¦ ¦ ¦ ¦transported to Bergen Regional Medical Center for detoxification purposes. ¦ ¦ ¦The ¦ ¦ ¦ ¦ ¦ ¦offender subsequently left the facility and failed to inform the probation ¦ ¦ ¦office ¦ ¦ ¦ ¦ ¦ ¦of his whereabouts; therefore, absconding supervision. ¦ +-+---------------------------------------------------------------------------¦ ¦ ¦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¦ ¦2¦ ¦ ¦ ¦first five days of each month.' ¦ ¦ ¦ ¦ ¦ ¦The offender failed to report to the probation office on October 20, 2011, ¦ ¦ ¦on ¦ ¦ ¦ ¦ ¦ ¦October 25,2011, and since November 2,2011. ¦ +-+---------------------------------------------------------------------------¦ ¦ ¦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¦ ¦3¦ ¦ ¦ ¦first five days of each month.' ¦ ¦ ¦ ¦ ¦ ¦The offender failed to submit a Monthly Supervision Report since ¦ ¦ ¦September ¦ ¦ ¦ ¦ ¦ ¦2011. ¦ +-+---------------------------------------------------------------------------¦ ¦ ¦The offender has violated the standard supervision condition which states ¦ ¦ ¦'You ¦ ¦ ¦ ¦ ¦ ¦shall refrain from excessive use of alcohol and shall not purchase, ¦ ¦ ¦possess, ¦ ¦ ¦ ¦ ¦ ¦use, distribute, or administer any narcotic or other controlled substance, ¦ ¦ ¦or ¦ ¦ ¦ ¦ ¦4¦any paraphernalia related to such substances, except as prescribed by a ¦ ¦ ¦ ¦ ¦ ¦physician.' ¦ ¦ ¦ ¦ ¦ ¦The offender has used illegal substances, in that by his own admission on ¦ ¦ ¦ ¦ ¦ ¦November 1,2011, he informed the undersigned that he had been using crack ¦ ¦ ¦and ¦ ¦ ¦ ¦ ¦ ¦heroin for the past week. ¦ +-----------------------------------------------------------------------------+
I declare under penalty of perjury that the foregoing is true and correct.
By: Susan E. Karlak
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