The opinion of the court was delivered by: Marvin Katz, S.J., Judge.
On November 3, 1998, defendant Eric Bell pled guilty to one count of
bank fraud in violation of 18 U.S.C. § 1344. On January 28, 1999,
this court imposed a sentence of 27 months of imprisonment consecutive to
the defendant's state sentence, followed by five years of supervised
release, and ordered restitution to be paid in the amount of $57,800.88.
Mr. Bell's supervised release commenced on February 9, 2001. On April
12, 2001, this court set a schedule for the defendant to make monthly
payments of $20.00 towards his outstanding restitution balance. On April
18, 2001, this court ordered that the defendant provide his probation
officer with access to certain financial information and that he not open
new lines of credit or make any new credit charges unless approved by the
Probation Office. On July 26, 2001, this court tolled defendant's
supervision effective June 4, 2001 until August 2. 2001 because defendant
was detained on a violation of state parole. On November 14, 2001, this
court modified defendant's supervised release by ordering defendant to
serve a term of four months at a Community Treatment Center as soon as a
bed became available, with no further term of supervised release
Now before the court is a petition for revocation of supervised
release by the Probation Office dated February 7, 2002 as amended by the
submission by the Probation Office dated February 12, 2002, and as
further amended by the submission by the Probation Office dated March
12, 2002. Upon consideration of the submissions of the government
attorney and the Probation Office, and after a hearing, the court makes
the following findings of fact and conclusions of law.
1. A general condition of defendant's supervised release as imposed on
January 28, 1999 was that he refrain from any unlawful use of a
2. A modification condition of defendant's supervised release as
imposed on November 14, 2001 was that defendant serve a term of four
months at a Community Treatment Center as soon as a bed date becomes
available, with no further term of supervised release following the
conclusion of that sentence.
3. On December 11, 2001, the defendant was admitted to the Kintock Group.
4. On January 22, 2002, the defendant's urinalysis specimen tested
positive for marijuana.
5. On February 1, 2002, Kintock Group discharged defendant as a program
failure, because of his positive drug test.
6. Since the November 14, 2001 hearing before this court, the defendant
has also submitted urinalysis specimens that tested positive for
marijuana on the following dates: November 29, 2001, January 2, 2002, and
February 5, 2002.
7. A general condition of defendant's supervised release as imposed on
January 28, 1999 is that he not commit another federal, state or local
8. On March 9, 2002, defendant was arrested by the Philadelphia Police
Department and charged with one count of driving under the influence. The
arrest report states that the defendant was stopped by the police after
his vehicle was observed drifting out of the traffic lane. Upon
approaching the vehicle, the officer noticed a cloud of smoke and the odor
of marijuana coming from the car. The defendant failed a field sobriety
test. A court hearing in this matter is scheduled for March 18, 2002.
9. The defendant informed his probation officer of the arrest on March
12, 2002, and admitted to smoking marijuana and to subsequently driving
the car stopped by the police on March 9, 2002.
10. A special condition of defendant's supervised release as imposed on
April 12, 2001 is that he make monthly payments of $20.00 toward his