The opinion of the court was delivered by: Katz, S.J.
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.
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.
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 ...