United States v. Woodman

          ORDER

          Camille D. Bibles, United States Magistrate Judge

         A Petition to Revoke Supervised Probation has been filed. Defendant has admitted to allegation A of the Petition to Revoke, that he violated the conditions of his supervised probation.

         The Court finds the Defendant has violated the terms and conditions of supervised probation. The Court has considered the factors set forth in 18 U.S.C. § 3553(a), the U.S. Sentencing Commission Chapter 7 policy statements, the original guideline range, statements of the parties, and all documentation submitted, including the probation report. The Court finds Defendant's unsupervised probation should be revoked pursuant to 18 U.S.C. § 3565(a)(2). Accordingly, IT IS THE JUDGMENT OF THIS COURT that Defendant's supervised probation is hereby revoked, and Defendant is resentenced as set forth below.

         IT IS FURTHER ORDERED that the defendant is hereby committed to the custody of the Bureau of Prisons for the term of FORTY-FIVE (45) DAYS, with credit for any time served, followed by ONE (1) YEAR of SUPERVISED RELEASE. Defendant shall abide by the following mandatory and standard conditions of supervision as adopted by this court, in General Order 17-18, which incorporates the requirements of USSG §§ 5B1.3 and 5D1.2. Of particular importance, the defendant must not commit another federal, state, or local crime during the term of supervision. Within 72 hours of sentencing or release from the custody of the Bureau of Prisons the defendant must report in person to the Probation Office in the district to which the defendant is released. The defendant must comply with the following conditions:

         MANDATORY CONDITIONS

         1) You must not commit another federal, state or local crime.

         2) You must not unlawfully possess a controlled substance. The use or possession of marijuana, even with a physician's certification, is not permitted.

         3) You must refrain from any unlawful use of a controlled substance. The use or possession of marijuana, even with a physician's certification, is not permitted. Unless suspended by the Court, you must submit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter, as determined by the court (Drug Testing is suspended).

         STANDARD CONDITIONS

         1) You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of sentencing or your release from imprisonment, unless the probation officer instructs you to report to a different probation office or within a different time frame.

         2) After initially reporting to the probation office, you will receive instructions from the court or the probation officer about how and when you must report to the probation officer, and you must report to the probation officer as instructed.

         3) You must not knowingly leave the federal judicial district where you are authorized to reside without first getting permission from the court or the probation officer.

         4) You must answer truthfully the questions asked by your probation officer.

         5) You must live at a place approved by the probation officer. If you plan to change where you live or anything about your living arrangements (such as the people you live with), you must notify the probation officer at least 10 days before the change. If notifying the probation officer in advance is not possible due to unanticipated circumstances, you ...