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U.S.A. v. Johnson

United States District Court, E.D. North Carolina

July 24, 2017

U.S.A.
v.
Keosha Johnson

          PETITION FOR ACTION ON SUPERVISED RELEASE

          Louise W. Flanagan U.S. District Judge

         COMES NOW Taron N. Seburn, U.S. Probation Officer of the court, presenting a petition for modification of the Judgment and Commitment Order of Keosha Johnson, who, upon an earlier plea of guilty to Possession With Intent to Distribute 5 Grams or More of Cocaine Base (Crack), in violation of 21 U.S.C. § 841(a)(1), was sentenced by the Honorable Louise W. Flanagan, U.S. District Judge, on March 25, 2011, to the custody of the Bureau of Prisons for a term of 60 months. It was further ordered that upon release from imprisonment the defendant be placed on supervised release for a period of 5 years. On December 5, 2012, an amended Judgment was entered reducing the original sentence to 50 months imprisonment and a 3 year term of supervised release. Keosha Johnson was released from custody on February 6, 2015, at which time the term of supervised release commenced.

         On February 25, 2015, a Violation Report was submitted to the court in response to the criminal conduct of Driving While License Revoked on February 11, 2015. The charge was dismissed on October 26, 2015.

         On March 16, 2015, a Petition for Action adding the mental health condition was filed.

         On August 2, 2016, A Petition for Action was filed adding 30 days home detention and reporting a 2-day DROPS sanction to address leaving the judicial district without permission on July 18, 2016, and marijuana use on July 14, 2016.

         On October 14, 2016, a 5-day DROPS Sanction Report was submitted after the defendant tested positive for cocaine and marijuana on September 9, 2016.

         On December 21, 2016, a 10-day DROPS Sanction Report was submitted after the defendant tested positive for marijuana on November 3, 2016.

         On March 8, 2017, a Motion for Revocation on Offender Under Supervised Release was submitted after the defendant tested positive for marijuana on February 14, 2017. This test constituted her fourth positive urinalysis within a 12 month period.

         On April 6, 2017, a Violation Report was submitted after the defendant tested positive for cocaine and marijuana on March 2, 2017, and cocaine on March 27, 2017.

         On June 7, 2017, a Revocation Judgment was entered, wherein, it was ordered and adjudged that the defendant's supervised release term be revoked, and that the defendant be held in the custody of the Bureau of Prisons or its authorized representative for imprisonment until 3:00 p.m. It was further ordered that the defendant be placed on supervised release for a term of 36 months upon release from imprisonment, under the standard conditions adopted by the court, and the following additional conditions:

1. The defendant shall participate as directed in a program approved by the probation office for the treatment of narcotic addiction, drug dependency, or alcohol dependency which will include urinalysis testing or other drug detection measures and may require participation in a residential treatment facility.
2. The defendant shall consent to a warrantless search by a United States probation officer or, at the request of the probation officer, any other law enforcement officer, of the defendant's person and premises, including any vehicle, to determine compliance with the conditions of this judgment.
3. The defendant shall participate in the STAR Drug Court Program, as directed by the probation office.
4. While under supervision in the Eastern District of NC, the defendant shall participate in the DROPS Program and, in response to detected illegal drug use, shall be confined in the custody of the Bureau of Prisons for a period not to exceed 30 days of intermittent confinement, as arranged by the probation office, in the ...

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