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U.S. v. BELL

March 15, 2002

UNITED STATES OF AMERICA, PLAINTIFF,
V.
ERIC BELL, DEFENDANT.



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

MEMORANDUM & ORDER

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 imposed.

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.

Findines of Fact

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 controlled substance.

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 crime.

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 restitution, ...


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