Opinion
1:11-cr-00131-LY
04-08-2022
USA v. Sealed v.
HONORABLE LEE YEAKEL, UNITED STATES DISTRICT JUDGE
REPORT ON OFFENDER UNDER SUPERVISION
Honorable Susan Hightower United States Magistrate Judge
Date of Original Sentence: July 1, 2011
Original Offense: Ct. 1: Conspiracy, in violation of 18 U.S.C. § 371; Ct. 2: Smuggling Firearms, in violation of 18 U.S.C. § 554; and Ct. 45: Felon in Possession of a Firearm, in violation of 18 U.S.C. § 922(g)(1)
Original Sentence: Ct. 1: 60 months imprisonment, Ct. 2: 50 months imprisonment, Ct. 45: 50 months imprisonment; to be served concurrently to one another and consecutively to Ct. 1, to the extent necessary to produce a total term of 110 months, followed by three (3) years supervised release on Cts. 1, 2 and 45, to be service concurrently; Special Conditions include: drug aftercare; financial disclosure; asset and liability disclosure; alcohol abstinence; no gang association; application of all anticipated or unanticipated monies to outstanding court ordered financial obligation; payment of a $300 special assessment and $3,000 fine
Type of Supervision: Supervised Release Date Supervision Commenced: April 12, 2019
Assistant U.S. Attorney: Mark Lane Defense Attorney: William H. Ibbotson (FPD)
PREVIOUS COURT ACTION
On January 29, 2020, the Court modified the defendant's conditions of supervision to include a search condition based on testing positive for the use of amphetamine on January 10, 2020.
NONCOMPLIANCE SUMMARY
Violation of Criminal Monetary Penalty: “It is further ordered that the defendant shall pay the United States a fine of $3,000.”
Nature of Noncompliance: The defendant has been on supervised release for 36 months and is due to expire on April 11, 2022. The defendant's fine payments have been inconsistent. The defendant is enrolled in the Treasury Offset Program (TOPS) that identifies his income tax refunds that are applied toward the fine obligation. To date, a total of $1,750 has been satisfied toward the fine obligation; the outstanding balance is $1,250. The defendant is gainfully employed. Based on the defendant's current financial condition, it does not appear that he has the ability to satisfy the outstanding fine balance prior to his expiration date.
U.S. Probation Officer Action: As the defendant is set to expire his supervision on April 11, 2022, and he continues to pay towards the outstanding fine obligation, it is recommended that no further action be taken at this time, and he be allowed to expire his term of supervision. The Financial Litigation Unit will monitor fine payment collection until the balance has been paid in full upon expiration of supervised release.
Respectfully submitted, Kathleen Dow United States Probation Officer
Approved:
Craig A. Handy Supervising United States Probation Officer
THE COURT ORDERS:
[√] No Action
[ ] Submit a Request for Modifying the Conditions or Term of Supervision
[ ] Submit a Request for Warrant or Summons
[ ] Other