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In re Mays

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


March 16, 2010

OFFENDER NAME: OSCAR MAYS

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)

Offender Address: Stockton, California

Judicial Officer: Honorable Morrison C. England, Jr.

United States District Judge Sacramento, California

Original Sentence Date: 02/15/2005

Original Offense: 18 USC 924(c)(1) - Possession of a Firearm in the Furtherance of a Drug Trafficking Felony (CLASS A FELONY)

Original Sentence: 60 months custody Bureau of Prisons; 60 months Supervised Release; $100 Special Assessment

Special Conditions: Warrantless search; Financial disclosure; Drug/alcohol treatment program/testing; Co-payment for treatment/testing; Abstain from alcohol and alcohol restrictions

Type of Supervision: Supervised Release

Supervision Commenced: 04/10/2009

Assistant U.S. Attorney: Richard J. Bender Telephone: (916) 554-2700

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

Other Court Action: None

To modify the conditions of supervision as follows:

8. The defendant shall participate in 200 hours of community service as determined by the probation officer.

Justification: Mr. Mays began his supervised release on April 10, 2009. In November 2009, while conducting a review of the offender's CLETS printout (rap sheet) during a case review, it was discovered that the offender had a new DUI conviction which he had not reported to the probation officer. Mr. Mays was arrested for Driving Under the Influence on April 10, 2009. He was convicted of a misdemeanor on May 20, 2009, and placed on 3 years Court Probation.

Mr. Mays has been attending Delta College full-time since September 2009. He is also a part-time in-home care provider and earns approximately $400/month. Mr. Mays has participated in the testing program through New Directions since May 2009, and has had no issues with testing. He participated in counseling twice per month for his first six months on supervision. Mr. Mays does not feel that alcohol is a problem for him. He has been diligent about contacting this officer with any issues on supervision, and has been in compliance with all of his terms and conditions. He was very apologetic about not disclosing the DUI conviction, and has acknowledged not only the serious nature of the New Law Violation, but his poor decision in not being forthcoming with this officer regarding the incident. Any further issues regarding alcohol occurring while on supervision will result in additional sanctions and re-enrollment in drug/alcohol abuse counseling.

Respectfully submitted,

/s/ Wendy E. Reyes WENDY E. REYES United States Probation Officer

Telephone: (916) 683-4375

DATED: March 11, 2010

Elk Grove, California WER/cj

REVIEWED BY: /s/ Deborah A. Spencer

DEBORAH A. SPENCER 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:

20100316

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