Opinion
Docket Number: 02-00823-001 PACTS Number: 35085
04-27-2012
USA v. TERRY
Petition for Warrant or Summons for Offender Under Supervision
Name of Offender: Rodney Terry
Name of Sentencing Judicial Officer: HONORABLE DENNIS M. CAVANAUGH
Date of Original Sentence: 09/29/2003
Original Offense: Possession of a Firearm by a Convicted Felon
Original Sentence: 115 months imprisonment; 2 years supervised release.
Type of Supervision: supervised release
Date Supervision Commenced: 2/16/11
Assistant U.S. Attorney: Brian Howe, 970 Broad Street, Room 502, Newark, New Jersey 07102, (973) 645-2700
Defense Attorney: Lorraine Gauli-Rufo, 1002 Broad Street, Newark, New Jersey 07102, (973) 645-634
PETITIONING THE COURT
[×] To issue a warrant
[ ] To issue a summons
The probation officer believes that the offender has violated the following condition(s) of supervise
+----------------------------------------------------------------------------------------+ ¦Violation¦Nature of Noncompliance ¦ ¦Number ¦ ¦ +---------+------------------------------------------------------------------------------¦ ¦ ¦The offender has violated the special supervision condition which states ¦ ¦ ¦'You ¦ ¦ ¦ ¦ ¦ ¦shall refrain from the illegal possession and use of drugs, including ¦ ¦ ¦ ¦ ¦ ¦prescription medication not prescribed in your name, and the use of alcohol, ¦ ¦ ¦ ¦ ¦ ¦and shall submit to urinalysis or other forms of testing to ensure ¦ ¦ ¦ ¦ ¦ ¦compliance. It is further ordered that you shall submit to evaluation and ¦ ¦ ¦ ¦ ¦ ¦treatment, on an outpatient or inpatient basis, as approved by the U.S. ¦ ¦ ¦ ¦ ¦ ¦Probation Office. You shall abide by the rules of any program and shall ¦ ¦1 ¦ ¦ ¦ ¦remain in treatment until satisfactorily discharged by the Court. You shall ¦ ¦ ¦ ¦ ¦ ¦alert all medical professionals of any prior substance abuse history, ¦ ¦ ¦ ¦ ¦ ¦including any prior history of prescription drug abuse. The Probation ¦ ¦ ¦ ¦ ¦ ¦Officer shall supervise your compliance with this condition.' ¦ ¦ ¦ ¦ ¦ ¦On November 22, 2011 and February 22, 2012, Terry tested positive for ¦ ¦ ¦ ¦ ¦ ¦marijuana use. On December 1, 2011, he tested positive for opiates. On ¦ ¦ ¦ ¦ ¦ ¦December 6, 2011, Terry began outpatient drug treatment at Integrity House; ¦ ¦ ¦ ¦ ¦ ¦however, on April 17, 2012, he was discharged for non-compliance. ¦ +----------------------------------------------------------------------------------------+
+-------------------------------------------------------------------------------+ ¦ ¦The offender has violated the standard supervision condition which states ¦ ¦ ¦'You ¦ ¦ ¦ ¦ ¦ ¦shall notify the probation officer within 72 hours of any change of ¦ ¦ ¦residence ¦ ¦2¦ ¦ ¦ ¦or employment.' ¦ ¦ ¦ ¦ ¦ ¦In August 2011, October 2011, and March 2012, Terry changed his residence and¦ ¦ ¦ ¦ ¦ ¦failed to report it to the probation office within 72 hours. ¦ +-+-----------------------------------------------------------------------------¦ ¦ ¦The offender has violated the standard supervision condition which states ¦ ¦ ¦'You ¦ ¦ ¦ ¦ ¦3¦shall work regularly at a lawful occupation unless excused by the probation ¦ ¦ ¦ ¦ ¦ ¦officer for schooling, training or other acceptable reasons.' ¦ ¦ ¦ ¦ ¦ ¦Terry has been unemployed since his supervision commenced. ¦ +-+-----------------------------------------------------------------------------¦ ¦ ¦The offender has violated the standard supervision condition which states ¦ ¦ ¦'You ¦ ¦ ¦ ¦ ¦ ¦shall answer truthfully all inquiries by the probation officer and follow ¦ ¦ ¦the ¦ ¦ ¦ ¦ ¦ ¦instructions of the probation officer.' ¦ ¦ ¦ ¦ ¦4¦On April 10,2012, the probation office had a phone conversation with Terry ¦ ¦ ¦and ¦ ¦ ¦ ¦ ¦ ¦he was questioned about his residence. Terry refused to provide a current ¦ ¦ ¦ ¦ ¦ ¦address and advised he was living "here and there." Terry hung the phone up ¦ ¦ ¦on ¦ ¦ ¦ ¦ ¦ ¦this officer. ¦ +-+-----------------------------------------------------------------------------¦ ¦ ¦The offender has violated the standard supervision condition which states ¦ ¦ ¦'The ¦ ¦ ¦ ¦ ¦ ¦defendant shall report to the probation officer in a manner and frequency ¦ ¦5¦ ¦ ¦ ¦directed by the Court or probation officer.' ¦ ¦ ¦ ¦ ¦ ¦On October 18, 2011, November 29, 2011, February 27, 2012 and April 10, ¦ ¦ ¦ ¦ ¦ ¦2012, Terry failed to report to probation as directed. ¦ +-+-----------------------------------------------------------------------------¦ ¦ ¦The offender has violated the standard supervision condition which states ¦ ¦ ¦'You ¦ ¦ ¦ ¦ ¦ ¦shall report to the probation officer ¦ ¦ ¦as directed by the Court or probation ¦ ¦ ¦ ¦ ¦6¦officer, and shall submit a truthful and complete written report within the¦ ¦ ¦ ¦ ¦ ¦first five days of each month.' ¦ ¦ ¦ ¦ ¦ ¦Terry failed to submit monthly supervision reports for October, November, ¦ ¦ ¦ ¦ ¦ ¦December 2011, January, February, and March 2012. ¦ +-------------------------------------------------------------------------------+
I declare under penalty of perjury that the foregoing is true and correct.
By: Amy J. Capozzolo
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