Opinion
Case Number: 2:07CR06032-001
05-23-2012
USA v. Tate
Petition for Warrant or Summons for Offender Under Supervision
Name of Offender: Marvin L. Tate
Address of Offender:
Name of Sentencing Judicial Officer: The Honorable James P. Hutton, U.S. Magistrate Judge
Date of Original Sentence: 3/13/2008
Original Offense: Possession of Controlled Substance with Intent to Distribute, 21 U.S.C. § 841(a)(1)
Original Sentence: Prison - 60 Months;
Type of Supervision: Supervised Release
SR - 48 Months
Asst. U.S. Attorney: Joseph H. Harrington
Date Supervision Commenced: 10/4/2011
Defense Attorney: Alex B. Hernandez, III
Date Supervision Expires: 10/3/2015
PETITIONING THE COURT
To issue a warrant.
The probation officer believes that the offender has violated the following condition of supervision:
+-----------------------------------------------------------------------------+ ¦Violation ¦Nature of Noncompliance ¦ ¦Number ¦ ¦ +-----------+-----------------------------------------------------------------¦ ¦ ¦Standard Condition # 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. ¦ ¦ ¦ ¦ ¦ ¦Supporting Evidence: Marvin Tate is considered in violation of ¦ ¦ ¦his period of supervised ¦ ¦ ¦ ¦ ¦ ¦release by associating with a convicted felon, Marcie Berg, on or¦ ¦ ¦prior to May 23, 2012. ¦ ¦ ¦ ¦ ¦ ¦On May 2, 2012, the defendant was placed on GPS monitoring as ¦ ¦ ¦part of a STEP sanction ¦ ¦1 ¦ ¦ ¦ ¦to address multiple violations of the program. One of the ¦ ¦ ¦violations was having contact with ¦ ¦ ¦ ¦ ¦ ¦Marcie Berg, as she was a convicted felon. Over the next week it ¦ ¦ ¦was noted the defendant ¦ ¦ ¦ ¦ ¦ ¦was visiting the Super 8 Motel in Kennewick on a regular basis. ¦ ¦ ¦On May 23, 2012, contact ¦ ¦ ¦ ¦ ¦ ¦was made with the defendant at the motel to verify who he was ¦ ¦ ¦with. Upon knocking Ms. ¦ ¦ ¦ ¦ ¦ ¦Berg opened the door and the defendant came out of a side room. ¦ ¦ ¦The defendant admitted ¦ ¦ ¦ ¦ ¦ ¦he was having contact with Ms. Berg and noted she is pregnant ¦ ¦ ¦with his child. ¦ +-----------------------------------------------------------------------------+
The U.S. Probation Office respectfully recommends the Court issue a warrant for the arrest of the defendant to answer the allegations contained in this petition.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on: 05/23/2012
__________________
David L. McCary
U.S. Probation Officer
THE COURT ORDERS
[ ] No Action
[×] The Issuance of a Warrant
[ ] The Issuance of a Summons
[ ] Other
__________________
Signature of Judicial Officer