The opinion of the court was delivered by: Katz, S.J.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The Probation Office has filed a petition for revocation of
defendant's supervised release. After a hearing, and upon
consideration of all the evidence of record, the court makes the
following findings of fact and conclusions of law.
1. After defendant Eugene Allen pled guilty to one count of
possession of stolen mail, the court sentenced him on January 21,
1999, to five years probation including four months home
detention. He began serving his period of home confinement on
January 26, 1999.
2. Mr. Allen's criminal history category for the purpose of
sentencing with respect to that offense was I.
3. On May 14, 1999, Mr. Allen appeared before the court for a
violation of probation hearing. The court found that Mr. Allen
had violated his home detention conditions numerous times and
revoked his probation. The court sentenced Mr. Allen to a term of
imprisonment of six months, followed by three years of supervised
release. Alleged violations of the conditions of this term of
supervised release are bases of the instant revocation action. p.
4. One of the standard conditions of Mr. Allen'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 (5) days of
5. As detailed in the Probation Office's petition for
revocation, from April 2000 until May 2001, Mr. Allen missed 37
scheduled appointments with his probation officer. Mr. Allen has
maintained contact with the Probation Office during this time,
but has consistently ignored scheduled appointments. Accordingly,
the court finds that Mr. Allen violated one of his standard
conditions of supervised release.
6. One of the special conditions of Mr. Allen's supervised
release is that he pay his outstanding restitution in such terms
as the Probation Office determines, subject to the court's
7. On September 2, 2000, the court signed a Graham Petition
ordering Mr. Allen to make monthly restitution payments of
8. Mr. Allen has failed to comply with this order. On November
20, 2000, he paid $120.00; on March 9, 2001, he paid $50.00; and
on April 16, 2001, he paid $25.00. The current restitution
balance is $9,296.01. Accordingly, the court finds that Mr. Allen
violated one of his special conditions of supervised release.
9. Over the past year, Mr. Allen has maintained steady
employment and has recorded a positive monthly cash flow of
$900.00 to $1,200.00.
10. Mr. Allen's failure to attend numerous scheduled
appointments with his probation officer constitutes a Grade C
violation of one of his standard conditions of ...