UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
December 24, 2009
OFFENDER NAME: SCOTT MICHAEL VOGELSANG
The opinion of the court was delivered by: Morrison C. England, Jr. 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)
Officer: Honorable Morrison C. England, Jr. United States District Judge Sacramento, California Original Sentence Date: 09/06/2005 Original Offense: 18 USC 1347, 2 - Health Care Fraud, Aiding and Abetting
(CLASS C FELONIES)
Original Sentence: 33 months custody Bureau of Prisons; 36 months Supervised
Release; $168,577.84 restitution; $2,200 special assessment Special Conditions: Search; Financial disclosure; No new credit or debt; Submit to DNA collection Type of Supervision: Supervised Release Supervision Commenced: 02/19/2008 Assistant U.S. Attorney: Phil Ferrari Telephone: (916) 554-2700 Defense Attorney: Victor S. Haltom Telephone: (916) 444-8663
Appointed Other Court Action: None
PETITIONING THE COURT
To modify the conditions of supervision as follows:
5. The releasee shall have no personal contact or communication in any manner with any case agent or other persons associated with the underlying offense, unless in the presence of an attorney.
Justification: Since the inception of supervision, Vogelsang has filed numerous lawsuits involving his conviction in this case. While maintaining compliance on supervision, he adamantly professes his innocence in this case. On December 9, 2009, a former case agent in this case contacted this officer and advised Vogelsang had been following her and calling her incessantly until she observed him leaving a package on her front porch. Contained in the package were civil court documents outlining his lawsuit against her and other former agents.
The undersigned officer immediately contacted the U.S. criminal and civil attorneys in this case, wherein, they advised that more than likely he was serving her with documentation so his civil case could proceed. Vogelsang was questioned and instructed to cease all contact with any and all case agents in this case unless he was in the presence of an attorney. He reported that he must have scared her, so she contacted his probation officer. He signed a hearing waiver form reflecting his compliance in the future. He explained he simply did not have the money to hire a process server, and he did not deny calling her or locating her personal residence.
Therefore, it is respectfully recommended that Special Condition Number 5 be added to Vogelsang's formal Judgment ordering him to have no personal contact or communication in any manner with any case agent or other persons associated with the underlying offense, unless in the presence of an attorney.
Shari R. Simon SHARI R. SIMON United States Probation Officer Telephone: (916) 786-2861 DATED: December 21, 2009 Roseville, California
REVIEWED TERENCE E. SHERBONDY Supervising United States Probation Officer
THE COURT ORDERS:
(XX) Modification approved as recommended. ( ) Modification not approved at this time. Probation Officer to contact Court. ( ) Other:
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