United States District Court, E.D. North Carolina
James Henry Smith, Jr.
K. Benfield Taron N. Seburn Supervising U.S. Probation
Officer Taron N. Seburn U.S. Probation Officer
EARL BRITT SENIOR U.S. DISTRICT JUDGE
for Action on Supervised Release
NOW Taron N. Seburn, U.S. Probation Officer of the court,
presenting a petition for modification of the Judgment and
Commitment Order of James Henry Smith, Jr., who, upon an
earlier plea of guilty to Possession With Intent to
Distribute More Than 5 Grams of Cocaine Base (Crack), in
violation of 21 U.S.C. § 841(a)(1), and Possession of a
Firearm in Furtherance of a Drug Trafficking Crime, in
violation of 18 U.S.C. § 924(c)(1)(A), was sentenced by
the Honorable W. Earl Britt, Senior U.S. District Judge, on
August 3, 2009, to the custody of the Bureau of Prisons for a
term of 84 months. It was further ordered that upon release
from imprisonment the defendant be placed on supervised
release for a period of 5 years. On April 2, 2012,
Smith's sentence was reduced to 74 months pursuant to 18
U.S.C. § 3582(c)(2).
Henry Smith, Jr., was released from custody on January 11,
2013, at which time the term of supervised release commenced.
28, 2013, a Petition for Action was submitted to the court
advising that Smith tested positive for cocaine on June 4,
2013. Smith's conditions of supervised release were
modified, and he successfully completed the Moral Reconation
August 26, 2014, a Violation Report was submitted advising
the court of new criminal conduct after the defendant was
charged by the East Carolina Police Department for Driving
While License Revoked and No Liability Insurance. The
probation office recommended continued supervision, and the
charges were subsequently dismissed.
March 4, 2016, a Petition for Action on Supervised Release
was submitted after the defendant tested positive for cocaine
on February 16, 2016. As a sanction, the defendant was
enrolled in the DROPS program and was confined in the custody
of the Bureau of Prisons for 5 days.
August 2, 2016, a Violation Report was submitted following a
positive test for cocaine on May 10, 2016, and his admission
of drug use on July 21, 2016. The defendant was allowed to
continue on supervision as he was participating in the STAR
Program and substance abuse treatment at East Coast
22, 2017, a DROPS Sanction Report to the Court was submitted
advising that the defendant tested positive for cocaine on
May 3, 2017, and the defendant was required to complete a 10
day jail sanction.
August 11, 2017, a Violation Report was submitted notifying
the court of the defendant's failure to complete the
aforementioned 10-day jail sanction as a result of
experiencing transportation issues. The court agreed to
reschedule the remaining 6 jail days as requested by the
probation office. Service of the 6-day sanction is pending.
The court was also notified of the defendant's August 2,
2017, arrest for Misdemeanor Assault on a Female (17CR55380),
in Greenville, North Carolina. This offense was dismissed on
August 29, 2017.
PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS
continues to maintain full-time employment as a laborer for
Crate Tech, where his only days off are Saturday and Sunday.
If the pending 6-day DROPS sanction is served consecutively,
it could result in the defendant losing his job. Therefore,
it is respectfully recommended that the court order the
pending 6-day DROPS sanction, and any subsequent DROPS
sanction, be served by intermittent 2-day placements with
each report date being on a Saturday and each release day
being on a Sunday.
August 29, 2017, Smith tested positive for Oxycodone. The
results were confirmed by Alere Laboratory on September 7,
2017, and the defendant received a verbal reprimand for this
drug use. He remains enrolled in substance abuse treatment at
East Coast Counseling, and continues to participate in the
STAR Program. As such, the probation office recommends that
his pending 6-day ...