Opinion
Cr.: 03-CR-603
12-26-2012
USA v. James Tyler
Assistant U.S. Attorney: Nelson Thayer Defense Attorney: Brian Reilly, AFPD
Petition for Warrant or Summons for Offender Under Supervision
Name of Sentencing Judicial Officer: The Honorable Stanley R. Chester Date of Original Sentence: 8/2/2004 Original Offense: Possession and Affecting Commerce of a Firearm, in violation of Title 18: U.S.C.§ 922(g)(1) & 2 Original Sentence: 46 months imprisonment, followed by 3 years supervised release with special conditions for drug testing and treatment, financial disclosure and to pay a $2,000 fine and $100 Special Assessment Date of 1st Violation Sentence: 7/22/2009 Violation Offense: Failure to Notify USPO of a Change of Address, Failure to Appear for Drug Testing, Failure to Submit Monthly Supervision Reports Violation Sentence: Time Served (one month) followed by 2 years supervised release, with special conditions to obtain and maintain employment, and all other conditions as originally ordered on 8/2/2004. Date of 2nd Violation Sentence: 3/30/2010 Violation Offense: Failure to Comply with Halfway House Regulations, Failure to Maintain Employment, Positive Urine Tests, Violation Sentence: 2 years supervised release term of 7/22/09 continued and another 3 month halfway house term ordered as a condition. All other special conditions from 8/2/2004, and 7/22/09 remain. Date of 3rd Violation Sentence: 09/07/2010 Violation Offense: Failure to Report Violation Sentence: Time Served (one day) followed by 3 years supervised release with the supervision term to be non-reporting or low intensity, and report any change of address to the U.S. Probation Office in the District of New Jersey Type of Supervision: Supervised Release Assistant U.S. Attorney: Nelson Thayer Date Supervision Commenced: 11/14/06 Defense Attorney: Brian Reilly, AFPD
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 Number ¦Nature of Noncompliance ¦ +------------------+----------------------------------------------------------------------------------------------------¦ ¦ ¦The offender has violated the mandatory supervision condition which states ¦ ¦ ¦'You shall not commit another federal, state, or local crime. ' ¦ ¦1 ¦ ¦ ¦ ¦On December 13, 2012, Mr. Tyler was arrested by New Jersey Transit Police and ¦ ¦ ¦charged in Bordentown with theft of services and hindering apprehension. ¦ +------------------+----------------------------------------------------------------------------------------------------¦ ¦ ¦The offender has violated the mandatory supervision condition which states ¦ ¦ ¦'You shall not commit another federal, state, or local crime. ' ¦ ¦2 ¦ ¦ ¦ ¦On December 17, 2012, Mr. Tyler was arrested by Trenton Police and charged with ¦ ¦ ¦simple assault. ¦ +------------------+----------------------------------------------------------------------------------------------------¦ ¦ ¦The offender has violated the mandatory supervision condition which states ¦ ¦ ¦'As a condition of supervision, you are instructed to pay a fine in the amount of $2,000. ' ¦ ¦3 ¦ ¦ ¦ ¦Tyler has failed to make fine payments and has an outstanding fine balance of ¦ ¦ ¦$1,827,89. ¦ +------------------+----------------------------------------------------------------------------------------------------¦ ¦ ¦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. '¦ ¦ ¦ ¦ ¦ ¦On December 13, 2012, when Tyler was arrested by New Jersey Transit Police he ¦ ¦ ¦reported a home address of 620 West State Street, Apartment 5C, Trenton, New ¦ ¦4 ¦Jersey. ¦ ¦ ¦ ¦ ¦ ¦On December 17, 2012, Tyler reported to Trenton Police his home address is 737 ¦ ¦ ¦Stuyvesant Avenue, Trenton, New Jersey. ¦ ¦ ¦ ¦ ¦ ¦Tyler reported to the Probation Office that his home address is 3114 West ¦ ¦ ¦Montgomery Avenue. Third Floor. Philadelphia, Pennsylvania. ¦ +-----------------------------------------------------------------------------------------------------------------------+
I declare under penalty of perjury that the foregoing is true and correct.
By: Karen L. Merrigan
U.S. Probation Officer
THE COURT ORDERS: [×] The Issuance of a Warrant [ ] The Issuance of a Summons. Date of Hearing: [ ] No Action [ ] Other
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Signature of Judicial Officer