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U.S.A. v. Griffin

United States District Court, E.D. North Carolina

January 30, 2017

U.S.A.
v.
Tyrene Sherman Griffin

          PETITION FOR ACTION ON SUPERVISED RELEASE

          MALCOLM J. HOWARD SENIOR U.S. DISTRICT JUDGE.

         COMES NOW Tuell Waters, U.S. Probation Officer of the court, presenting a petition for modification of the Judgment and Commitment Order of Tyrene Sherman Griffin, who, upon an earlier plea of guilty to Felon in Possession of a Firearm, in violation of 18 U.S.C. §§ 922 (g)(1) and 924, and Felon in Possession of Ammunition, in violation of 18 U.S.C. §§ 922 (g)(1) and 924, was sentenced by the Honorable Malcolm J. Howard, Senior U.S. District Judge, on November 8, 2005, to the custody of the Bureau of Prisons for a term of 188 months. It was further ordered that upon release from imprisonment the defendant be placed on supervised release for a period of 5 years. Pursuant to 28 U.S.C. § 2255, on November 10, 2016, the judgment was amended by the court to 30 months custody (time served) and a one year term of supervised release.

         Tyrene Sherman Griffin was released from custody on November 10, 2016, at which time the term of supervised release commenced.

         RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS:

         On July 9, 2003, the defendant pled guilty in the Superior Court of Martin County, North Carolina, to three counts of felonious Indecent Liberties With a Child. On November 21, 2016, the court modified the conditions of supervision to have the defendant complete a sex offender evaluation. Subsequently, the assessment was completed with recommendation that Griffin participate in sex offender treatment to include polygraph examinations. It is, therefore, respectfully recommended that the conditions of supervision be modified to add the sex offender conditions listed below. The defendant signed a Waiver of Hearing agreeing to the proposed modification of supervision.

         PRAYING THAT THE COURT WILL ORDER that supervised release be modified as follows:

         1. The defendant shall register with the state sex offender registration agency in the state where the defendant resides, works, or is a student, as directed by the probation officer.

         2. The defendant shall not enter adult bookstores, sex shops, clubs or bars with exotic or topless dancers, or massage parlors.

         3. The defendant shall not associate or have verbal, written, telephonic, or electronic communications with any person under the age of eighteen (18), except: (1) in the presence of the parent or legal guardian of said minor; (2) on the condition that the defendant notifies the parent or legal guardian of the defendant's conviction or prior history; and (3) with specific, written approval from the U.S. Probation Officer. This provision does not encompass persons under the age of eighteen with whom the defendant must deal in order to obtain ordinary and usual commercial services (e.g., waiters, cashiers, ticket vendors, etc.).

         4. The defendant shall have no direct or indirect contact, at any time and for any reason, with the victim(s), the victim's family, or affected parties in this matter unless provided with specific, written authorization in advance by the U.S. Probation Officer.

         5. The defendant shall not loiter within 1000 feet of any area where minors frequently congregate (e.g., parks, school property, playgrounds, arcades, amusement parks, day-care centers, swimming pools, community recreation fields, zoos, youth centers, video arcades, carnivals, and circuses) without prior written permission from the U.S. Probation Officer.

         6. The defendant shall not possess any legal or illegal pornographic material, including any materials depicting and/or describing "child pornography" and/or "simulated" child pornography as defined in 18 U.S.C. § 2256, nor shall the defendant enter any location where such materials can be accessed, obtained, or viewed, including pictures, photographs, books, writings, drawings, videos, or video games.

         7. The defendant shall not be employed in any position or participate as a volunteer in any activity that involves direct or indirect contact with children under the age of eighteen (18) without written permission from the U.S. Probation Officer. Under no circumstances may the defendant be engaged in a position that involves being in a position of trust or authority over any person under the age of eighteen.

         8. At the direction of the U.S. Probation Officer, the defendant shall submit to physiological testing, which may include, but is not limited to, polygraph examinations or other tests to monitor the defendant's ...


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