Opinion
Cr.: 06-00031-001 PACTS Number: 42500
03-29-2012
USA v. WEINSTEIN
Request for Modifying the Conditions or Term of Supervision
with Consent of the Offender
(Probation Form 49, Waiver of Hearing is Attached)
Name of Offender: Durell Lamont Foster
Name of Sentencing Judicial Officer: William H. Walls, Sr. USDJ
Date of Original Sentence: October 1, 2007
Resentenced on July 21, 2008
Original Offense: Distribute and Possession with Intent to Distribute Cocaine Base
Original Sentence: 70 months imprisonment, 4 years supervised release, $100 special assessment
Type of Supervision: Supervised Release
Date Supervision Commenced: 07/09/10
PETITIONING THE COURT
[ ] To extend the term of supervision for Years, for a total term of Years.
[X] To modify the conditions of supervision as follows. The addition of the following special condition(s):
The defendant shall participate in the Location Monitoring Program. You shall be confined to your residence for a period of 2 months commencing at the direction of the U.S. Probation Office. You shall be required to be at this residence at all times except for approved absences for gainful employment, community service, religious services, medical care, educational or training programs and at other such times as may be specifically authorized by the U.S. Probation Office. You shall wear a Location Monitoring device and follow all location monitoring procedures. You shall permit the Probation Officer access to the residence at all times and maintain a telephone at the residence without any custom services or portable, cordless equipment. You shall comply with any other specific conditions of home confinement as the Court may require. You shall pay all the costs associated with the Location Monitoring Device. The U.S. Probation Office may use less restrictive location monitoring technology if the U.S. Probation Office determines that a less restrictive device is available and appropriate.
The defendant will attend and complete probation's MRT program.
CAUSE
As previously reported to Your Honor, the offender has tested positive for the use of marijuana on October 14,2010, and admitted to using marijuana on August 19,2011. He also failed to report for drug testing on several occasions and failed to report to the probation office as directed. Additionally, Foster has failed to attend mental health and substance abuse counseling at the Human Growth Center as directed.
Respectfully submitted,
By: Kevin P. Egh
U.S. Probation Officer
THE COURT ORDERS:
[√] The Modification of Conditions as Noted Above
[ ] The Extension of Supervision as Noted Above
[ ] No Action
[ ] Other
________________________
Signature Judicial Officer
Waiver of Hearing to Modify Conditions
of Probation/Supervised Release or Extend Term of Supervision
I have been advised and understand that I am entitled by law to a hearing and assistance of counsel before any unfavorable change may be made in my Conditions of Probation and Supervised Release or my period of supervision being extended, By 'assistance of counsel," I understand that I have the right to be represented at the hearing by counsel of my own choosing if I am able to retain counsel. I also understand that I have the right to request the court to appoint counsel to represent me at such a hearing at no cost to myself if 1 am not able to retain counsel of my own choosing.
I hereby voluntarily waive my statutory right to a hearing and to assistance of counsel. I also agree to the following modification of my Conditions of Probation and Supervised Release or to the proposed extension of my term of supervision:
To modify the conditions of supervision as follows. The addition of the following special condition(s):
The defendant shall participate in the Location Monitoring Program. You shall be confined to your residence for a period of 2 months commencing at the direction of the U.S. Probation 01 lice. You shall be required to be at this residence at all times except for approved absences for gainful employment, community sen ice. religious services, medical care, educational or training programs and at other such times as may be specifically authorized by the U.S. Probation Office. You shall wear a Location Monitoring device and follow all location monitoring procedures. You shall permit the Probation Officer access to the residence at all times and maintain a telephone at the residence without any custom services or portable, cordless equipment. You shall comply with any other specific conditions of home confinement as the Court may require. You shall pay all the costs associated with the Location Monitoring Device. The U.S. Probation Office may use less restrictive location monitoring technology if the U.S. Probation Office determines that a less restrictive device is available and appropriate.
The defendant will attend and complete probation's MET program.
Sinned: ____________
Probationer or Supervised Releasee
Durell Lamont Foster
Witness: ____________
Kevin P. Egh
U.S. Probation Officer