The opinion of the court was delivered by: Marvin Katz, Senior Judge
On March 7, 2000, Gary Segars pled guilty to Interference with
Interstate Commerce by Robbery in violation of 18 U.S.C. § 1951. On
June 26, 2001, this court imposed a sentence of 36 months imprisonment
followed by 3 years of supervised release. Mr. Segars' supervised release
commenced on October 23, 2001. Now before the court is a Petition for
Revocation prepared by the Probation Office on August 21, 2002. Upon
consideration of the submissions of the parties, and after a hearing, the
court makes the following findings of fact and conclusions of law.
1. A standard condition of defendant's supervised release was that he
not leave the judicial district without permission of the court or
probation officer. Mr. Segars had been released to the District of New
Jersey for supervision, although jurisdiction remained with this court.
2. Mr. Segars admitted to his probation officer on June 18, 2002 that
he was in Philadelphia, Pennsylvania, without permission.
3. Another standard condition of defendant's supervised release was
that he report to his probation officer as directed and submit a written
report within the first five days of each month.
4. Mr. Segars failed to report to the U.S. Probation Office as
instructed on April 15, 2002 and April 22, 2002. Mr. Segars failed to
contact his Probation Officer as instructed on June 13, 2002 concerning
his halfway house placement.
5. Another standard condition of defendant's supervised release was
that he refrain from excessive use of alcohol and not purchase, possess,
use, distribute, or administer any controlled substance or any
paraphernalia related to any controlled substance, except as prescribed by
6. Mr. Segars was placed in an outpatient drug treatment program at
Atlantic Behavioral Health in Atlantic City, New Jersey on October 23,
2001, but on December 1, 2001, Mr. Segars tested positive for cocaine and
alcohol use. During a February 2002 meeting with his Probation Officer,
Mr. Segars admitted to ongoing use of illegal drugs. On June 12, 2002,
Mr. Segars again tested positive for cocaine use in a urinalysis test
administered as part of his Probation Office visit.
7. A special condition of defendant's supervised release was that he
participate in a program of testing for drug and alcohol abuse, as
directed by the probation officer, until such time as he is released from
the program by his probation officer.
8. As directed by his Probation Officer, Mr. Segars entered an
inpatient drug treatment program at The Institute for Human Development
in Atlantic City, New Jersey on March 21, 2002. Mr. Segars did not comply
with several program rules and left against medical advice.
9. Another special condition of his supervised release was that he pay
a special assessment of $100.00 due immediately.
10. Mr. Segars has failed to complete payment of the special
assessment. He last submitted a payment of $20.00 on May 2, 2002; the
remaining balance is $40.00.
11. Another special condition of defendant's supervised release was
that he pay restitution ...