United States District Court, Eastern District of Pennsylvania
May 17, 2001
UNITED STATES OF AMERICA
STEVEN THOMPSON, DEFENDANT.
The opinion of the court was delivered by: Katz, S.J.
MEMORANDUM & ORDER
On February 15, 2001, the Probation Office submitted a petition
for revocation of Steven Thompson's supervised release. On April
12, 2001, the Probation Office submitted an amendment to that
petition, which was formally filed as an addendum on April 17,
2001. After a hearing and upon consideration of the government's
submission, the court makes the following findings of fact and
conclusions of law.
Findings of Fact
1. On February 12, 1993, this court sentenced Steven Thompson
to 46 months imprisonment for one count of conspiracy to commit
armed robbery and one count of armed bank robbery, to run
concurrently; 60 months imprisonment for one count of use of a
firearm during a crime of violence, to run consecutively; and
five years supervised release. These offenses constitute a Class
B felony and Mr. Thompson's Criminal History Category at the time
of sentencing was IV.
2. A general condition of Mr. Thompson's supervised release is
that he shall not commit another federal, state or local crime,
and shall not illegally possess a controlled substance.
3. Mr. Thompson was arrested by the Philadelphia Police
Department on April 16, 2000, and on December 19, 2000, he was
convicted of simple assault in Philadelphia Municipal Court. The
government and the defendant agree that the defendant's crime of
simple assault is a misdemeanor of the third degree, which under
state law is punishable by no more than one year. See 18 PA.
CONS. STAT. ANN. §§ 2701, 1104 (2001). He was sentenced to 30
days incarceration. He filed an appeal and remained free on bail
while the appeal was pending; however, he failed to appear for
the appeal hearing, and on April 19, 2001, the conviction and
sentence were upheld.
4. Another general condition of Mr. Thompson's supervised
release is that he report to the probation officer as directed by
the Court or the probation officer, and that he submit a truthful
and complete written report within the first five days of each
month. Mr. Thompson is required to report weekly for urinalysis.
5. Mr. Thompson failed to report on January 30, 2001 and
February 6, 2001.
6. Another general condition of Mr. Thompson' supervised
release is that he shall not purchase, possess, use, distribute,
or administer any narcotic or other controlled substances, or any
paraphernalia related to such substances, except as prescribed by
7. On September 19, 2000, October 3, 2000 and February 13,
2001, Mr. Thompson submitted urine specimens to the Bureau of
Prison's Sanction Center Program which tested positive for
cocaine metabolite. Mr. Thompson also admitted during an office
visit on February 13, 2001 that his earlier failures to report
were due to a crack-cocaine binge.
8. A special condition of Mr. Thompson' supervised release is
that he participate in a program of drug treatment as directed by
the Probation Office.
9. At the direction of the Probation Office, Mr. Thompson
entered a 30-day inpatient drug treatment program at Treatment
Trends, Inc. on February 13, 2001, while free on bail pending
appeal of his conviction of simple assault. On February 15, 2001,
he was unsuccessfully discharged from the program.
Conclusions of Law
1. Supervised release is governed by the provisions of
18 U.S.C. § 3583. In determining the modification of supervised
release, the court is to consider the factors set forth in
18 U.S.C. § 3553(a)(1). See 18 U.S.C. § 3583(e). These
factors include the nature and circumstances of the offense; the
history and characteristics of the defendant; and the need for
the sentence to punish the defendant, deter the defendant and
others, protect the public, and rehabilitate the defendant. See
18 U.S.C. § 3553(a). The court should also consider the types
of sentences available, relevant policy statements, and the need
to avoid sentencing disparities. See id.
2. If, after considering the foregoing factors, the court finds
by a preponderance of evidence that the defendant has committed
the violations alleged, the court may, inter alia, terminate
supervised release and discharge the defendant, revoke supervised
release, or order home confinement, with or without electronic
monitoring. See 18 U.S.C. § 3583(e)(1), (3), (4).
3. Although the Sentencing Guidelines' treatment of revocation
of supervised release is advisory rather than mandatory, these
policy statements are one of the factors the court shall consider
in addressing modification of supervised release. See United
States v. Schwegel, 126 F.3d 551 (3d Cir. 1997) (holding that
supervised release provisions remained advisory after amendments
to 18 U.S.C. § 3583).
4. The government and the defendant stipulated, and the same
was established by a preponderance of evidence, that the
defendant committed the following violations of supervised
release: commission of simple assault under state law, failure to
report, use of a controlled substance, and unsuccessful discharge
from a program of drug testing and treatment. See U.S.S.G.
5. The statutory maximum term of imprisonment upon revocation
is three years where the defendant's original offense was a Class
B felony. See U.S.C. § 3583(e)(3).
6. Upon consideration of the factors set forth in
18 U.S.C. § 3553(a), the court revokes the defendant's supervised
release and imposes a sentence of 12 months consecutive to any
other sentence of imprisonment, to be followed by a term of
supervised release equal to the term of supervised release that
remained unexpired prior to the instant revocation. See
U.S.S.G. § 7B1.3(f) (recommending consecutive sentencing upon
An appropriate Order follows.
AND NOW, this 17 day of May, 2001, upon consideration of
the Petition for Revocation of Supervised Release, the Government's
Proposed Findings of Fact and Conclusions of Law, and after a
hearing, it is hereby ORDERED that the petition is
GRANTED as follows:
1. The defendant's supervised release is REVOKED.
2. The defendant is committed to the custody of the United
States Bureau of Prisons for a term of 12 months consecutive to
any other sentence of imprisonment, to be followed by a term of
supervised release equal to the term of supervised release that
remained unexpired prior to the instant revocation.
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