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USA v. Spears

United States District Court, W.D. North Carolina

July 2, 2018

USA
v.
Spears

          Date of Original Sentence: 4/15/2008

          Honorable Frank D. Whitney, Chief U.S. District Court Judge

          PETITION FOR WARRANT FOR OFFENDER UNDER SUPERVISION

          David S. Cayer United States Magistrate Judge.

         Name of Sentencing Judicial Officer: The Honorable Frank D. Whitney, Chief U.S. District Court Judge Date of Original Sentence: 4/15/2008 Register Number: 21055-058 PACTS Number: 17323

         Original Offense: Count One: Robbery Affecting Interstate Commerce, 18 U.S.C. § 1951, not more than 20 years imprisonment/$250, 000 fine, or both, a Class C Felony

         Count Two: Possession of a Firearm During and in Relation to a Crime of Violence, 18 U.S.C. § 924(c), not less than 7 years nor more than life imprisonment, consecutive to any other sentence/$250, 000 fine, or both, a Class A Felony

         Original Sentence: Forty-six (46) months of imprisonment on Count 1, and eighty-four (84) months on Count 2, to run consecutively with Count 1; with three (3) years supervised release on Count 1, and five (5) years on Count 2 each to run concurrently with Count 1. $200.00 Special Assessment fee ($150.00 outstanding) and $35.00 restitution (paid).

         Prior Revocations: 11/30/2016: Six (6) months imprisonment to be followed by Forty-eight (48) months of supervised release.

         9/20/2017: Nine (9) months imprisonment to be followed by Thirty-six (36) months of supervised release.

         Prior Modifications: 8/15/2016: “While under supervision in the Western District of North Carolina, 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 following increments: First Use - Two Days; Second Use - Five Days; Third Use - Ten Days.”

         6/4/2018: The defendant shall submit to home detention, with location monitoring technology, for a period of 90 days and comply with its requirements as directed. During this time, the defendant is restricted to the defendant's residence at all times except for employment; education; religious services; medical, substance abuse or mental health treatment; attorney visits; court appearances; court-ordered obligations; or other activities pre-approved by the probation officer. The defendant shall maintain a telephone at the defendant's place of residence without any "call forwarding," "Caller ID services," "call waiting," dial-up computer modems, 1-800 long distance call block, fax machine, voice over internet protocol (VOIP), burglar alarm or three-way calling service.

         PETITIONING THE COURT

         [X] To issue a warrant

         [] To issue a summons

         BOND RECOMMENDATION: Detention.

         The probation officer believes that the offender has violated the ...


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