Opinion
NO. 7: 10-CR-4 (WLS).
February 8, 2010
RE: PROBATION VIOLATION
ORDER
TIMOTHY ALLEN MILLER, a PROBATIONER in the above-styled criminal proceeding, this day appeared before the undersigned for a hearing under provisions of Rule 32.1 of the Federal Rules of Criminal Procedure. He was advised of the nature of the proceedings against him and of his legal and constitutional rights. With the assistance of legal counsel, Ms. Catherine Leek of the Federal Defenders Office, the PROBATIONER waived a preliminary hearing under Rule 32.1(a)(1) of the Rules and agreed that a final hearing could be scheduled under Rule 32.1(a)(2).
Upon consideration of the provisions of Rule 46(c), the court finds that release from custody at this time is appropriate in this case. The PROBATIONER is CONTINUED under probation supervision pending completion of proceedings at his Final Revocation Hearing be fore the Honorable W. Louis Sands, district judge. This will permit him to continue attending therapy and taking his medication. The PROBATIONER shall continue to be subject to the conditions of supervision imposed upon him by the Honorable Walter S. Smith, Jr., district judge, on March 3, 2009, in the Western District of Texas. In addition, he is ORDERED to refrain from the use of any cellular telephone or internet or e-mail device for any purpose whatsoever pending completion of his Final Revocation Hearing before Judge Sands. He shall surrender his cell phone to his supervising probation officer.
IT IS FURTHER ORDERED AND DIRECTED that Mr. Miller be released from custody by the U. S. Marshal FORTHWITH and that he report to his supervising Probation Officer, Ms. Debra P. McLeod, WITHIN FORTY-EIGHT (48) HOURS of his release from custody.
SO ORDERED AND DIRECTED.