Opinion
Case Number: 4:05CR00305-019 SWW
02-04-2013
USA v. James Frederic Howard
Asst. U.S. Attorney: Jana Harris Defense Attorney: Lisa Peters
Request for Modifying the Conditions or Term of Supervision
with Consent of the Offender
(Probation Form 49, Waiver of Hearing Is Attached)
Name of Sentencing Judicial Officer: Honorable Susan Webber Wright
United States District Judge
Original Offense: Conspiracy to Distribute More Than SO Grams of Methamphetamine Date of Sentence: April 9, 2007 Original Sentence: 42 months Bureau of Prisons, 4 years supervised release, mandatory drug testing,
substance abuse treatment, and $100 special penalty assessment
August 23, 2012: Conditions modified to include residential re-entry center (RRC)
placement for a period of three (3) months
Type of Supervision: Supervised release Date Supervision Commenced: December 18, 2009 Date Supervision Expires: December 17, 2013 U.S. Probation
Officer: Tabitha L. Mitchell
Asst. U.S.
Attorney: Jana Harris
Defense
Attorney: Lisa Peters
PETITIONING THE COURT
[ ] To extend the term of supervision for ___ year(s), for a total term of ___ years. [×] To modify the conditions of supervision as follows:
The defendant shall participate in Moral Rcconation Therapy (MRT) under the guidance and supervision of the U.S. Probation Office.
CAUSE
On August 23, 2012, Mr. Howard's conditions were modified to include residential re-entry center (RRC) for a period of three months. On September 18, 2012, Mr. Howard entered the City of Faith. While at the City of Faith, he received 10 incident reports. On November 19, 2012, he was unsuccessfully discharged for violating program rules. Mr. Howard was observed driving a personal vehicle without authorization. Mr. Howard admitted to driving a personal vehicle but stated he used the vehicle to get to and from work. Mr. Howard admitted to having problems with following instructions and making good decisions. Moral Rcconation Therapy will afford Mr. Howard the opportunity to learn how to make good decisions and to learn how to change his way of thinking. On January 14, 2013, Mr. Howard agreed to have his conditions modified. He executed the attached Prob 49, waiving his right to a hearing. Assistant Federal Public Defender Lisa Peters was contacted, and she was also in agreement with the modification. __________________
Tabitha L. Mitchell
U.S. Probation Officer
__________________
Jana Harris
Assistant U.S. Attorney
Approved: ______________________________
Supervising U.S. Probation Officer
This form is to be filed with Criminal Docketing as a motion. THE COURT ORDERS: [ ] No Action [ ] The Extension of Supervision as Noted Above [√] The Modification of Conditions as Noted Above [ ] Other
_______________________
Signature of Judicial Officer
This form is to be filed with Criminal Docketing as an order and/or petition. c: Assistant Federal Public Defender, Lisa Peters, 1401 West Capitol Avenue, Suite 490, Little Rock, AR 72201
Assistant U.S. Attorney, Jana Harris, P.O. Box 1229, Little Rock, AR 72203
Waiver of Hearing to Modify Conditions
of Probation/Supervised Release or Extend Term of Supervision
I have been advised and understand that I am entitled by law to a hearing and assistance of counsel before any unfavorable change may be made in my Conditions of Probation and Supervised Release or my period of supervision being extended. By 'assistance of counsel', I understand that I have the right to be represented at the hearing by counsel of my own choosing if I am able to retain counsel. I also understand that I have the right to request the Court to appoint counsel to represent me at such a hearing at no cost to myself if I am not able to retain counsel of my own choosing.
I hereby voluntarily waive my statutory right to a hearing and to assistance of counsel. I also agree to the following modification of my Conditions of Probation and Supervised Release or to the proposed extension of my term of supervision:
The defendant shall participate in Moral Rcconation Therapy (MRT) under the guidance and supervision of the U.S. Probation Office.
Witness: _____________
U.S. Probation Officer
Signed: ____________________
Probationer Supervised Releasee