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United States v. Harkins

United States District Court, W.D. North Carolina, Asheville Division

February 20, 2019

UNITED STATES OF AMERICA,
v.
TIMOTHY RUSSELL HARKINS, Defendant.

          ORDER

          W. CARLETON METCALF UNITED STATES MAGISTRATE JUDGE

         This matter came before the Court on February 19, 2019 for a Preliminary Revocation Hearing. At the conclusion of the hearing, the Court took the matter under advisement. This Order now follows.

         I. Background

         Defendant was charged by way of a Bill of Indictment filed on April 20, 2016 (Doc. 3).

         Defendant subsequently entered a plea agreement which was accepted (Doc. 83). On March 2, 2017, Defendant appeared for sentencing was sentenced to time served followed by three (3) years of supervised release and a $100 special assessment. (Doc. 119).

         A Petition alleging that Defendant had violated the terms and conditions of his supervised release was filed on May 10, 2017 (Doc. 125). The Petition contains a single violation that alleges Defendant was released from the custody of the Cherokee County Sheriff's Office on March 3, 2017 and subsequently failed to report to the United States Probation Office to begin his term of supervised release. Id. at 1.

         II. Evidence Presented

         At the hearing, the Government first offered the Petition as evidence, which was allowed without objection. The Government then called United States Probation Officer Justin Adams who testified in part as follows:

         Officer Adams stated that the United States Probation Office's records indicate Defendant was incarcerated in connection with state charges in early March of 2017.

         Following Defendant's federal sentencing, United States Probation Officer Sarah Wright presented a letter to Defendant dated March 2, 2017 that told Defendant, in part:

Once released you have 72 hours to report to the above address to commence supervision. Failure to report as instructed may result in a violation. If you have any questions please call Sarah Wright 828-230-5250.

         The letter was sent to the Cherokee County Sheriff's Office and was received back by the United States Probation Office via facsimile later that day. It was shown as being signed by Defendant. The letter was received into evidence as Government's Exhibit 1 without objection.

         Officer Adams indicated that Defendant did not report as directed, which led to the issuance of the current Petition on May 10, 2017 and an arrest warrant of the same date.

         Defendant was subsequently located in custody in Georgia at the Riverbend facility, which Officer Adams believed to be a ...


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