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In re Hupp

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


December 17, 2008

RE: MARJORIE HUNTER HUPP

The opinion of the court was delivered by: Honorable Anthony W. Ishii Chief United States District Judge Fresno, California

MEMORANDUM

FIREARM STORED AT OFFENDER'S RESIDENCE

Your Honor:

On May 5, 2008, the offender pled guilty to a violation of 18 USC 641, Theft of Government Money or Property, a Class C Felony. On August 4, 2008, she was sentenced to probation for a term of 60 months.

The felony conviction prohibits the offender from possessing a firearm. As such, and for officer safety reasons, it is customary for the probation office to preclude offenders from residing any place where a firearm is stored.

In the instant case, the offender resides with her husband who possesses a .380 Colt pistol which remains unloaded at all times and is kept locked in a hope chest in a spare bedroom. The probation officer has personally observed the pistol which appears to be a collector's item for her husband. The offender's husband advised that he is the only individual who possesses a key to the hope chest where the pistol is stored and the offender does not have access to the firearm. In addition, there is no known ammunition stored anywhere in the home. This case is viewed as an exception to the probation office's prohibition of offenders residing where a firearm is stored.

The offender has no criminal history involving firearms or violence, the firearm will be locked away by her husband and it has repeatedly been stated that she will not have access to the weapon. This will also alleviate the probation officer's concern for safety. Furthermore, the offender has no other viable residence and if forced to move, it would greatly diminish the likelihood for her success. The offender has vowed to immediately notify the probation officer should, at any time, the weapon be removed from the home or be unaccounted for.

Since the offender will not have constructive possession and in light of the discussion herein, the probation officer plans to allow the offender to remain at her current residence, even though a firearm is stored on the premises.

Respectfully submitted,

BRIAN J. BEDROSIAN United States Probation Officer

Dated: December 11, 2008

Fresno, California BB HUBERT J. ALVAREZ Supervising United States Probation Officer

THE COURT ORDERS:

( X ) Approves The Probation Officer's plan to allow offender to reside where a firearm is stored.

( ) Disapproves the Probation Officer's plan. The offender may not reside where a firearm is store.

( ) Other:

IT IS SO ORDERED.

Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE

20081217

© 1992-2008 VersusLaw Inc.



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