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U.S. v. ALLEN

July 12, 2001

UNITED STATES OF AMERICA
V.
EUGENE ALLEN, DEFENDANT.



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.

Findings of Fact

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 each month.

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 approval.

7. On September 2, 2000, the court signed a Graham Petition ordering Mr. Allen to make monthly restitution payments of $375.00.

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.

Conclusions of Law

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 ...


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