UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
September 22, 2009
OFFENDER NAME: VUE HER
The opinion of the court was delivered by: Honorable Anthony W. Ishii Chief United States District Judge
PETITION TO MODIFY THE CONDITIONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
(Probation Form 49, Waiver of Hearing, is on file)
Original Sentence Date: June 30, 2008
Original Offense: 18 USC 922(g)(1), Felon in Possession of a Firearm
(CLASS C FELONY)
Original Sentence: 21 months Bureau of Prisons; 36 months supervised release; $100 special assessment; mandatory drug testing.
Special Conditions: 1) Search; 2) Drug/alcohol treatment; 3) Drug/alcohol testing; and 4) Aftercare co-payment.
Type of Supervision: Supervised Release Supervision Commenced: Released to immigration custody on July 20, 2009; released to community supervision on September 9, 2009. Assistant U.S. Attorney: Elana S. Landau Telephone: (559) 497-4000 Defense Attorney: Melody Walcott Telephone: (559) 487-5561 Other Court Action: None.
PETITIONING THE COURT
To modify the conditions of supervision as follows:
The defendant shall abstain from the use of alcoholic beverages and shall not frequent those places where alcohol is the chief item of sale.
Justification: A review of the Substance Abuse Section of the offender's Presentence Investigation Report reveals that he has a history of alcohol and substance abuse. While the offender has not sustained any alcohol-related convictions, he recently admitted that alcohol is his "substance of choice." He further admitted that prior to his incarceration on the instant count of conviction, alcohol was "a problem" for him. Based on this information, a special condition prohibiting him from the possession or consumption of alcoholic beverages appears warranted and is recommended. The offender has acknowledged his willingness to modify his conditions by signing a Waiver of Hearing to Modify Conditions of Supervised Release, which is attached for the Court's review.
BRIAN J. BEDROSIAN United States Probation Officer Telephone: (559) 499-5721
DATED: September 17, 2009
Fresno, California BB
REVIEWED BY: Hubert J. Alvarez Supervising United States Probation Officer
THE COURT ORDERS:
( X ) Modification approved as recommended. ( ) Modification not approved at this time. Probation Officer to contact Court. ( ) Other:
IT IS SO ORDERED.
Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE
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