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In re Burch

March 19, 2009

OFFENDER NAME: EDMUND BURCH


The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

SUPERSEDING PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION

Original Sentence Date: 06/14/2006

Original Offense: 18 USC 922(g)(1) - Felon in Possession of a Firearm

(CLASS C FELONY)

Original Sentence: 57 months Bureau of Prisons; 3-year term of supervised release; $100 special assessment.

Special Conditions: Drug/alcohol testing and treatment; Abstain from alcohol; Pay special assessment; Search.

Type of Supervision: Supervised Release

Supervision Commenced: 08/07/2008

Assistant U.S. Attorney: Daniel McConkie Telephone: (916) 554-2700

Defense Attorney: Mary French Telephone: (916) 498-5700

Assistant Federal Defender

Other Court Action:

01/16/2009: Court took judicial notice of defendant's violations, namely use of marijuana, failure to report for drug testing, and submitting diluted urine specimens. Probation officer's plan approved.

02/25/2009: Petition filed in Northern District of California alleging use of marijuana, failure to report for drug testing, and failure to follow instructions of the probation officer. Warrant issued.

03/02/2009: Defendant arrested in the Eastern District of California, arraigned on violation petition, and detained pending hearing.

03/03/2009: Defendant released from custody on motion of the government pending further proceedings. Ordered to participate in an inpatient substance abuse treatment program, as directed by the probation officer for up to 90 days and to abstain from the use of alcohol. Status hearing set before the magistrate for March 24, 2009, at 2 p.m., regarding the parties' efforts to transfer jurisdiction from the Northern District of California.

03/11/2009: Jurisdiction ordered transferred from the Northern District of California (Case number CR 04-00277-01 CRB) to the Eastern District of California.

PETITIONING THE COURT

(X) OTHER: To place the matter on the Court's calendar of March 27, 2009, at 9 a.m., for arraignment on the superseding petition. The probation officer is directed to notify the defendant and counsel of the date and time of said hearing.

The probation officer alleges the offender has violated the following condition(s) of supervision:

Charge Number Nature of Violation

Charge 1: UNLAWFUL USE OF A CONTROLLED SUBSTANCE

On or about the following dates, the defendant unlawfully used marijuana, in violation of the general prohibition against unlawful drug use and as indicated by urine specimens: December 2, 2008, January 7, 16, and 28, 2009, February 23 and 26, 2009, and March 2, 2009.

Charge 2: FAILURE TO PARTICIPATE IN A DRUG TESTING PROGRAM, AS

DIRECTED BY THE PROBATION OFFICER

On or about the following dates, the defendant failed to participate in a drug testing program, as directed by the probation officer, in that he failed to report for scheduled drug testing, in violation of Special Condition number 3: December ...


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