The opinion of the court was delivered by: Judge: Hon. Kimberly J. Mueller
PROBATION REVOCATION PETITION, NOTICE OF HEARING and ORDER
On April 19, 2010, the above-named defendant was given the following sentence by United States Magistrate Judge Kimberly J. Mueller:
1. The defendant shall serve a one-year term of court probation, subject to the following terms:
a. The defendant shall pay a fine of $500.00, payable in monthly payments;
b. The defendant shall pay the mandatory $10.00 special assessment forthwith;
c. The defendant shall not commit another federal, state, or local crime;
d. The defendant shall notify the U.S. Attorney's Office within seventy-two (72) hours of being arrested; and
e. The defendant shall notify the U.S. Attorney's Office ten (10) days prior to any change in residence.
The United States alleges that the defendant has violated these conditions as follows:
1. The defendant responded to an inquiry of the Court during the change of plea hearing on April 19, 2010, after being sworn, regarding whether he is currently driving. The defendant responded that he was not. The defendant's driver's license is currently suspended.
2. Immediately after the hearing on April 19, 2010, an employee of the United States Attorney's Office witnessed the defendant walking towards a parking garage across the street from the federal building, and further observed the defendant driving a red Toyota pickup truck, license plate number 8L92608, out of the parking garage with no other individual in the vehicle with him.
2. A subsequent check of the license plate number with DMV revealed that the associated vehicle is a red, 1984 Toyota pickup truck, registered to both Brittney Marie Falt and the defendant, Rolland Falt.
The United States therefore petitions the Court to set this matter on its calendar on April 29, 2010, for a probation revocation hearing to allow the defendant to show cause why the probation ...