United States District Court, E.D. North Carolina
Thomas Walter Thorne
PETITION FOR ACTION ON SUPERVISED RELEASE
Terence W. Boyle II U.S. District Judge.
NOW Scott Plaster, U.S. Probation Officer of the court,
presenting a petition for modification of the Judgment and
Commitment Order of Thomas Walter Thorne, who, upon an
earlier plea of guilty to Conspiracy to Distribute and
Possess With the Intent to Distribute More Than 50 Grams of
Cocaine Base (Crack), was sentenced by the Honorable Terrence
W. Boyle, U.S. District Judge, on March 29, 2005, to the
custody of the Bureau of Prisons for a term of 150 months. It
was further ordered that upon release from imprisonment the
defendant be placed on supervised release for a period of 60
5, 2009, the defendant's term of imprisonment was reduced
from 150 months to 135 months. All other conditions of the
original judgment remained the same.
Walter Thorne was released from custody on April 11, 2014, at
which time the term of supervised release commenced.
24, 2015, the conditions of supervised release were modified
to add 24 hours of community service as directed by the
probation office in response to the defendant's arrest
for the offense of Driving While Impaired and Possession of
Open Container/Consume Alcohol in Passenger Area, offenses
the defendant admitted to committing. The court was also
informed the defendant submitted drug tests on June 8 and 12,
2015, which were positive for cocaine. He was referred for
substance abuse treatment and returned to the beginning phase
of the Surprise Urinalysis Program.
result of the defendant testing positive for cocaine on
October 13, 2015, and committing the offense of Driving While
License Revoked on October 15, 2015, the conditions of
supervision were modified in December 2015, to include two
weekends in the custody of the Bureau of Prisons.
January 19, 2017, the defendant's conditions of
supervised release were modified to include 40 hours of
community service work following the defendant's use of
cocaine which was detected as a result of a drug test on
December 14, 2016. It was noted then that the defendant had
not tested positive for illegal drugs for over a year, and he
was able to have his driving privileges restored. He also
returned to substance abuse treatment.
PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS
FOLLOWS: The defendant failed to submit to
urinalysis testing on June 6, July 6, July 17, August 7, and
August 31, 2017. The defendant tested positive for cocaine
and marijuana on August 29, 2017. When confronted at the end
of July about his initial failures to submit to urinalysis
testing, the defendant stated he was having problems at home
and wanted the probation officer to do whatever needed to be
done to have him locked up. The probation officer talked with
the defendant at length, and the defendant said he wanted to
take steps to address his problems without returning to
prison. When the defendant failed to return to substance
abuse treatment as instructed, he was confronted on August
29, 2017. At that time, he admitted he had relapsed, and his
problems at home stemmed from his drug use. After initially
saying he wanted to go back to prison, he said he wanted to
tackle his problems head-on if the probation officer would
give him one more chance. Rather than return to court, it is
recommended the defendant submit to a curfew with location
monitoring for a period not to exceed 60 days in addition to
consenting to warrantless searches by the probation officer.
If there are additional violations related to a failure to
participate in substance abuse treatment, testing, or ongoing
substance abuse is detected, the court will be notified with
a recommendation to revoke the defendant's supervised
release term. The defendant signed a Waiver of Hearing
agreeing to the proposed modification of supervision.
THAT THE COURT WILL ORDER that supervised release be
modified as follows:
1. The defendant shall adhere to a curfew as directed by the
probation officer for a period not to exceed 60 consecutive
days. The defendant is restricted to residence during the
curfew hours. The defendant shall submit to the following
Location Monitoring: Radio Frequency monitoring and abide by
all program requirements, instructions and procedures
provided by the supervising officer.
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
his/her, person and premises, including any vehicle, to
determine compliance with the conditions, of this judgment.
as herein modified, the judgment shall remain in full force
and approved, /s/ Jeffrey L. Keller Jeffrey L. Keller
Supervising U.S. Probation Officer
declare under penalty of perjury that the foregoing is true
and correct. /s/ Scott Plaster Scott Plaster U.S. Probation
Officer 310 New Bern Avenue, Room 610 Raleigh, NC ...