Opinion
Case Number: 4:10CR00213-01 JLH
08-02-2013
USA v. Kristina Lynn Wilson
Asst. U.S. Attorney: Jana Harris Defense Attorney: Jenniffer Horan
Request for Modifying the Conditions or Term of Supervision
with Consent of the Offender
(Probation Form 49, Walver of Hearing is Attached)
Name of Sentencing Judicial Officer: Honorable J. Leon Holmes
United States District Judge
Original Offense: Conspiracy To Pass Counterfeit Securities Original Sentence: 3 years probation, substance abuse treatment, drug testing, mental health treatment counseling, employment restrictions, financial disclosure, no new lines of credit, $7,866.88 restitution and $100 special penalty assessment
On July 30, 2012, the Court ordered to suspend the drug testing condition Type of Probation
Supervision:
Date Supervision Commenced: December 13, 2011
Date Supervision Expires: December 12, 2014
U.S. Probation
Officer: Satori Barnes
Asst. U.S.
Attorney: Jana Harris
Defense
Attorney: Jenniffer Horan
PETITIONING THE COURT
[ ] To extend the term of supervision for ___ year(s), for a total term of ___ years. [×] To modify the conditions of supervision as follows:
During the term of supervision, restitution payments will be S5 per month. If defendant's income increases from its current amount, payments will be 10 percent per month of the defendant's monthly gross income.
CAUSE
Ms. Wilson is currently in default on her Court-Ordered restitution payments. She failed to make any payments during the months of February, April, May, and June 2013. Ms. Wilson is a single mother of three children who became unemployed during the month of March 2013. She currently receives monthly unemployment benefits in the amount of $772. Over the past several months, the U.S. Probation Office has been working with Ms. Wilson in an effort to determine if she has the ability to pay said amount and if not, determine the amount she can afford. Ms. Wilson completed a monthly cash flow statement which revealed a current monthly income of $772 with monthly expenses of $765. Based on her current financial status, Ms. Wilson is unable to make restitution payments based on 10% of her gross monthly income. Mr. Wilson's financial situation will continue to be reviewed, and payments based on 10% of her gross monthly income will resume should her financial status improve. On July 23, 2013, Federal Public Defender Jenniffer Horan was contacted telephonically to review the waiver of hearing to modify conditions of supervised release with Ms. Wilson. After speaking with Ms. Horan. Ms. Wilson signed the attached Waiver of Hearing to Modify Conditions of Supervised, agreeing to the modification. _________________
Satori Barnes
U.S. Probation Officer
_________________
Jana I Harris
Assistant U.S. Attorney
Approved: _________________
Supervising U.S. Probation Officer
This form is to be filed with Criminal Docketing as a motion. THE COURT ORDERS:
[ ] No Action
[ ] The Extension of Supervision as Noted Above
[√] The Modification of Conditions as Noted Above
[ ] Other
_________________
Signature of Judicial Officer
This form is to be filed with Criminal Docketing as an order and/or petition.
c: Assistant Federal Public Defender, Jenniffer Horan, 1401 West Capitol Avenue. Suite 490, Little Rock. AR 72201
Assistant U.S. Attorney. Jana Harris, P.O. Box 1229, Little Rock, AR 72203
Waiver of Hearing to Modify Conditions
of Probation Supervised Release or Extend Ferm of Supervision
I have been advised and understand that I am entitled In 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 counsel the Court to appoint counsel to represent me at such a hearing at no cost to myself if I 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:
During supervised release, restitution payments will he S5 per month. If defendant's income increases from its current amount, payments will be 10 percent per month of the defendant's monthly gross income.Witness: _________________
U.S. Probation Officer
Signed: _________________
Probationer or Supervised Releasee
_________________
ATTORNEY FOR DEFENDANT