Opinion
Case Number: 5:97CR53 USM Number: 03177-087
03-07-2013
UNITED STATES OF AMERICA v. GLENN ALBERT STEWART JR.
Brendan S. Leary Defendant's Attorney
AMENDED JUDGMENT IN A CRIMINAL CASE
(For Revocation of Probation or Supervised Release)
Brendan S. Leary
Defendant's Attorney
Date of Original Judgment: March 4, 2013
(Or Date of Last Amended Judgment)
Reason for Amendment:
[ ] Correction of Sentence on Remand (18 U.S.C. 3742(f)(1) and (2))
[ ] Reduction of Sentence for Changed Circumstances (Fed. R. Crim. P. 35(b))
[ ] Correction of Sentence by Sentencing Court (Fed. R. Crim. P. 35(a))
X Correction of Sentence for Clerical Mistake (Fed. R. Crim. P. 36)
[ ] Change in circumstances and recommendations to the Bureau of Prisons
[ ] Modification of Supervision Conditions (18 U.S.C. §§ 3563(c) or 3583(e))
[ ] Modification of Imposed Term of Imprisonment for Extraordinary Compelling Reasons (18 U.S.C. § 3582(c)(1))
[ ] Modification of Imposed Term of Imprisonment for Retroactive to the Sentencing Guidelines (18 U.S.C. § 3582(c)(2))
[ ] Direct Motion to District Court Pursuant to [ ] 28 U.S.C. § 2255 or
[ ] 18 U.S.C. § 3559(c)(7)
[ ] Modification of Restitution Order (18 U.S.C. § 3664)
THE DEFENDANT:
X admitted guilt to violation of condition(s) General and Standard Conditions of the term of supervision. [ ] was found in violation of condition(s) _______________ after denial of guilt. The defendant is adjudicated guilty of these violations:
+-----------------------------------------------------------------------------+ ¦Violation Number ¦Nature of Violation ¦Violation Ended ¦ +------------------+----------------------------------------+-----------------¦ ¦1 ¦Testing positive for marijuana on ¦09/26/2011 ¦ ¦ ¦September 26, 2011. ¦ ¦ +------------------+----------------------------------------+-----------------¦ ¦ ¦*Arrested and charged with the felony ¦ ¦ ¦ ¦offenses of Burglary (three ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦counts), Daytime Burglary, and the ¦ ¦ ¦ ¦misdemeanor offense of ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Possession of a Controlled Substance, ¦ ¦ ¦2 ¦Weirton, WV Police Dept. ¦11/15/2012 ¦ ¦ ¦ ¦ ¦ ¦ ¦11/15/2012 the defendant pled guilty to ¦ ¦ ¦ ¦one count of House ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Burglary in the Circuit Court of Hancock¦ ¦ ¦ ¦County, WV. Case No. ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦12-F-50. ¦ ¦ +------------------+----------------------------------------+-----------------¦ ¦ ¦Arrested and charged with Burglary by ¦ ¦ ¦ ¦the Wheeling, WV Police ¦ ¦ ¦ ¦ ¦ ¦ ¦3 ¦Dept. 11/07/2012 the defendant pled ¦11/07/2012 ¦ ¦ ¦guilty to Burglary, Circuit ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦Court of Ohio County, WV. Case No. ¦ ¦ ¦ ¦12-F-139. ¦ ¦ +-----------------------------------------------------------------------------+
The defendant is sentenced as provided in pages 2 through 3 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. [ ] The defendant has not violated condition(s) _______________ and is discharged as to such violation(s) condition.
It is ordered that the defendant must notify the United States attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If ordered to pay restitution, the defendant must notify the court and United States attorney of material changes in economic circumstances. Last Four Digits of Defendant's Soc. Sec. No.: 8911 Defendant's Year of Birth 1964 City and State of Defendant's Residence:
Follansbee, West Virginia
March 7, 2013
Date of Imposition of Judgment
_______________
Signature of Judge
FREDERICK P. STAMP , JR. U.S DISTRICT JUDGE
Name and Title of Judge
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of: Forty (40) Months
To be served consecutively to the state sentences in Hancock County Circuit Court, Case No. 12-F-50 and Ohio County Circuit Court, Case No. 12-F-139. X The court makes the following recommendations to the Bureau of Prisons:
X That the defendant be incarcerated at the Federal Medical Facility in Lexington, Kentucky or a facility as close to his home in Follansbee, Brooke County, West Virginia as possible;
X and at a facility where the defendant can participate in substance abuse treatment, including the 500-Hour Residential Drug Abuse Treatment Program, as determined by the Bureau of Prisons.
[ ] That the defendant be allowed to participate in any educational or vocational opportunities while incarcerated, as determined by the Bureau of Prisons. [ ] Pursuant to 42 U.S.C. § 14135 A, the defendant shall submit to DNA collection while incarcerated in the Bureau of Prisons, or at the direction of the Probation Officer. (DNA previously taken 10/08/2010) X The defendant is remanded to the custody of the United States Marshal. [ ] The defendant shall surrender to the United States Marshal for this district:
[ ] at _______________ [ ] a.m. [ ] p.m. on _______________.
[ ] as notified by the United States Marshal. [ ] The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
[ ] before 2 p.m. on _______________.
[ ] as notified by the United States Marshal.
[ ] as notified by the Probation or Pretrial Services Office.
[ ] on __________, as directed by the United States Marshals Service.
RETURN
I have executed this judgment as follows: ______________________________
Defendant delivered on _______________ to _______________ at _______________, with a certified copy of this judgment.
____________________
UNITED STATES MARSHAL
By _______________
DEPUTY UNITED STATES MARSHAL
SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of: Zero (0) Months
The defendant must report to the probation office in the district to which the defendant is released within 72 hours of release from the custody of the Bureau of Prisons. The defendant shall not commit another federal, state or local crime. The defendant shall not unlawfully possess a controlled substance. The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter as determined by the probation officer. [ ] The above drug testing condition is suspended, based on the court's determination that the defendant poses a low risk of future substance abuse. (Check, if applicable.) [ ] The above drug testing condition is suspended, based on the court's determination that this condition has been satisfied during a previous term of supervision. (Check, if applicable.) [ ] The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon, as defined in 18 U.S.C. §921. (Check, if applicable.) [ ] The defendant shall cooperate in the collection of DNA as directed by the probation officer unless previously collected by the Bureau of Prisons. (Check, if applicable.) [ ] The defendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 U.S.C. § 16901, et. seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which he or she resides, works, is a student, or was convicted of a qualifying offense. (Check, if applicable.) [ ] The defendant shall participate in an approved program for domestic violence. (Check, if applicable.)
If this judgment imposes a fine or restitution, it is be a condition of supervised release that the defendant pay in accordance with the Schedule of Payments sheet of this judgment.
The defendant must comply with the standard conditions that have been adopted by this court as well as with any additional conditions on the attached page.
STANDARD CONDITIONS OF SUPERVISION
1) the defendant shall not leave the judicial district without the permission of the court or probation officer; 2) the defendant shall report to the probation officer in a manner and frequency directed by the court or probation officer; 3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer; 4) the defendant shall support his or her dependents and meet other family responsibilities; 5) the defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other acceptable reasons; 6) the defendant shall notify the probation officer at least ten days prior to any change in residence or employment; 7) the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or any paraphernalia related to any controlled substances, except as prescribed by a physician; 8) the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered; 9) the defendant shall not associate with any persons engaged in criminal activity and shall not associate with any person convicted of a felony, unless granted permission to do so by the probation officer; 10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view of the probation officer; 11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer; 12) the defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court; and 13) as directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record or personal history or characteristics and shall permit the probation officer to make such notifications and to confirm the defendant's compliance with such notification requirement.