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U.S. v. BEYSCHAU

United States District Court, W.D. Pennsylvania


October 25, 2005.

UNITED STATES OF AMERICA
v.
RUSSELL BEYSCHAU.

The opinion of the court was delivered by: GUSTAVE DIAMOND, Senior District Judge

MEMORANDUM ORDER

AND NOW, this 25th day of October, 2005, pursuant to the probation violation hearing held on October 25, 2005, whereat defendant acknowledged on the record personally and through counsel that, prior to the expiration of his term of probation, he violated the conditions of his probation by leaving the jurisdiction without permission from his probation officer and also by twice testing positive for controlled substances in February of 2005, the court finds by a preponderance of the evidence that defendant did violate the foregoing conditions of his probation as described more fully in the petition on probation; and

The court further finds that the government's evidence and the defendant's admissions establish Grade C violations of the terms of probation within the meaning of U.S.S.G. § 7B1.1(a);

  ACCORDINGLY, IT IS ORDERED that defendant's term of probation be, and the same hereby is, revoked pursuant to 18 U.S.C. § 3565(a) (2) and defendant is sentenced to the custody of the United States Bureau of Prisons for a term of imprisonment consisting of time served between his arrest on August 16, 2005, and the time of the probation violation hearing held on October 25, 2005, with no term of supervision to follow; no fine, no costs.

20051025

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