Opinion
Docket Number: 09-00452-001 PACTS Number: 49785
01-22-2013
USA v. Donesha Walls
Assistant U.S. Attorney: Andre M. Espinosa, 970 Broad Street, Room 502, Newark, New Jersey 07102, (973) 645-2700 Defense Attorney: Frank P, Arleo, Esq., Perm Federal Building, 622 Eagle Rock Avenue, West Orange, New Jersey 07052, (973) 736-8660
Petition for Warrant or Simmons for Offender Under Supervision
Name of Sentencing Judicial Officer; HONORABLE STANLEY R. CHESLER
UNITED STATES DISTRICT JUDGE
Date of Original Sentence: 11/16/2009 Original Offense: Bank Fraud-Conspiracy to Commit Bank Fraud-Conspiracy to Defraud a Financial Institution, 18 U.S.C, § 1349 Original Sentence: 27 months imprisonment; 5 years supervised release, Special Conditions: Alcohol/Drug Testing and Treatment; Mental Health Treatment; New Debt Restrictions; Financial Disclosure, Restitution in the amount of $856,309. Violation Sentence Date: 03/22/2011 Violation Sentence: Supervised release revoked and sentenced to a new term of 5 years supervised release. Type of Supervision: supervised release Date Supervision Commenced: 12/31/09 Assistant U.S. Attorney: Andre M. Espinosa, 970 Broad Street, Room 502, Newark, New Jersey 07102, (973) 645-2700 Defense Attorney: Frank P, Arleo, Esq., Perm Federal Building, 622 Eagle Rock Avenue, West Orange, New Jersey 07052, (973) 736-8660
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 supervision:
+-----------------------------------------------------------------------------+ ¦Violation Number ¦Nature of Noncompliance ¦ +------------------+----------------------------------------------------------¦ ¦ ¦The offender has violated the special supervision ¦ ¦ ¦condition which states 'You shall undergo treatment in a ¦ ¦ ¦mental health program approved by the United States ¦ ¦ ¦Probation Office until discharged by the Court As ¦ ¦1 ¦necessary, said treatment may also encompass treatment ¦ ¦ ¦for gambling, domestic violence and/or anger management, ¦ ¦ ¦as approved by the United States Probation Office, until¦ ¦ ¦discharged by the Court, The Probation Officer shall ¦ ¦ ¦supervise your compliance with this condition.' ¦ +-----------------------------------------------------------------------------+
+-----------------------------------------------------------------------------+ ¦ ¦The offender was terminated from mental health treatment at The Human ¦ ¦ ¦Growth Center on August 6, 2012, due to several instances of noncompliance.¦ +-+---------------------------------------------------------------------------¦ ¦ ¦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 ¦ ¦2¦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 August 3, 2012, a drug test was administered on the offender, and the ¦ ¦ ¦results subsequently returned positive for cocaine and Benzodiazepines, On ¦ ¦ ¦November 30, 2012, the offender again tested positive on an administered ¦ ¦ ¦drug test for the use of cocaine and marijuana. ¦ +-+---------------------------------------------------------------------------¦ ¦ ¦The offender has violated the standard supervision condition which states ¦ ¦ ¦'The defendant shall report to the probation officer in a manner and ¦ ¦3¦frequency directed by the Court or probation officer.' ¦ ¦ ¦ ¦ ¦ ¦The offender failed to report to the probation office on September 28, ¦ ¦ ¦2012, a scheduled report date. ¦ +-+---------------------------------------------------------------------------¦ ¦ ¦The offender has violated the mandatory supervision condition which states ¦ ¦ ¦'As a condition of supervision, you are instructed to pay restitution in ¦ ¦ ¦the amount of $856,309 to the following institutions: Bank of America, ¦ ¦ ¦Wachovia bank, E-LOAN, Inc., Mortgage Lenders Network, LLC and People's ¦ ¦4¦First Choice Credit Union; it shall be paid in the following manner: $50 ¦ ¦ ¦per month.' ¦ ¦ ¦ ¦ ¦ ¦The offender has failed to make numerous payments on her court-ordered ¦ ¦ ¦restitution, which has resulted in an arrearage of $905. Her last payment ¦ ¦ ¦was made on August 27, 2012. ¦ +-----------------------------------------------------------------------------+
I declare under penalty of perjury that the foregoing is true and correct.
By: Susan E. Karlak
Senior 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