Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

U.S. v. THOMPSON

May 17, 2001

UNITED STATES OF AMERICA
v.
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 a physician.

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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.