Opinion
CRIMINAL ACTION NO. 2:16-00050
09-21-2017
UNITED STATES OF AMERICA v. FELICIA INEZ VARELA
SUPERVISED RELEASE REVOCATION AND JUDGMENT ORDER MEMORANDUM OPINION AND ORDER
On September 18, 2017, the United States of America appeared by W. Clinton Carte, Assistant United States Attorney, and the defendant, Felicia Inez Varela, appeared in person and by her counsel, Gerald M. Titus, III, for a hearing on the petition on supervised release submitted by United States Probation Officer Lilla M. Adkins. The defendant commenced a 42-month term of supervised release in this action on March 31, 2017, as more fully set forth in the Supervised Release Revocation and Judgment Order entered by the court on December 29, 2016.
The court heard the admissions of the defendant and the representations and argument of counsel.
For reasons noted on the record of this proceeding, which are ORDERED incorporated herein by reference, the court found that the defendant has violated the conditions of supervised release in the following respects: (1) the defendant used and possessed methamphetamine as evidenced by positive urine specimens submitted by her on July 24 and August 2, 2017, the defendant having admitted such use on each occasion to the probation officer; and (2) the defendant failed to abide by the special condition that she spend a period of six months in a community confinement center inasmuch as she entered SECOR on April 1, 2017, and was discharged on August 1, 2017, following several disciplinary infractions and two positive urine screens; all as admitted by the defendant on the record of the hearing and all as set forth in the petition on supervised release.
And the court finding, as more fully set forth on the record of the hearing, that the violations warrant revocation of supervised release and, further, that it would unduly depreciate the seriousness of the violations if supervised release were not revoked, it is ORDERED that the supervised release previously imposed upon the defendant in this action be, and it hereby is, revoked.
And the court having complied with the requirements of Rule 32(a)(1)(B) and (C) of the Federal Rules of Criminal Procedure, and finding, after considering the factors set forth in 18 U.S.C. § 3583(e), that the defendant should be confined to the extent set forth below, it is accordingly ORDERED that the defendant be, and she hereby is, committed to the custody of the United States Bureau of Prisons for imprisonment for a period of EIGHT (8) MONTHS, to be followed by a term of thirty-four (34) months of supervised release upon the standard conditions of supervised release now in effect in this district as promulgated by the Administrative Office of the United States Courts (National Form AO 245B) and the standard conditions as set forth in Local Rule 32.3.
The defendant was remanded to the custody of the United States Marshal.
The Clerk is directed to forward copies of this written opinion and order to the defendant, all counsel of record, the United States Probation Department, and the United States Marshal.
DATED: September 21, 2017
/s/_________
John T. Copenhaver, Jr.
United States District Judge