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In re Swift

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


May 11, 2010

OFFENDER NAME: SENNETT H. SWIFT

The opinion of the court was delivered by: Judicial Officer: Honorable Lawrence K. Karlton Senior United States District Judge Sacramento, California

Prob 12B

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: Rocklin, California

Original Sentence Date: 04/29/2008

Original Offense: 18 USC 1344 - Bank Fraud (CLASS B FELONY); 18 USC 1957 - Engaging in Monetary Transactions Derived from Criminal Proceeds (CLASS D FELONY)

Original Sentence: 15 months custody Bureau of Prisons; 36 months Supervised Release; $38,843.53 restitution; $200 special assessment

Special Conditions: Search; Financial disclosure/restrictions; Correctional treatment, testing, and co-payment; Mental health treatment

Type of Supervision: Supervised Release

Supervision Commenced: 11/05/2008

Assistant U.S. Attorney: Matthew Stegman Telephone: (916) 554-2700

Defense Attorney: C. Emmett Mahle Telephone: (916) 447-1646

Appointed

Other Court Action: None

PETITIONING THE COURT

To modify the conditions of supervision as follows:

8. The defendant shall participate in a cognitive behavioral treatment program as directed by the probation officer.

Justification: On April 26, 2010, I contacted the releasee in reference to financial information he reported on his Monthly Supervision Report. Specifically, the releasee reported repayment of personal loans to his parents, an expense ordinarily not considered as deductible from his disposable income when financial obligations, including restitution, remain as active conditions of supervision. During contact with the releasee, I learned he had been fired from his last reported place of employment. The releasee failed to report his change in employment (being fired) to the probation officer as required by Standard Condition Number 6.

The releasee has experienced extreme difficulty in either obtaining or maintaining employment since his release from federal custody on November 5, 2008. Despite employment resources, programs, and admonishments, the releasee has failed to be lawfully employed, in violation of Standard Condition Number 5 of his release conditions. His recurring explanation for his failing to acquire employment is his desire to pass up entry-level jobs and seek opportunities in marketing, sales, commission-based positions, or management positions. These positions are often filled with incumbents, and are rarely offered to offenders with convictions similar to the releasee's.

A number of sanctions have been considered, including a special condition substituting community service while unemployed. However, the releasee owes significant restitution and has made very few payments towards this obligation due to his long periods of unemployment.

A condition requiring the releasee to participate in a cognitive behavioral treatment program as directed by the probation officer is considered to be an effective alternative to other sanctions, such as revocation. This condition will allow the releasee to participate in a program, Moral Reconation Therapy (MRT), designed towards self-improvement, goal setting, and leading a productive life. This officer believes the releasee will benefit from this program, and that the sentencing needs as set forth in 18 USC 3553 will be met by providing the releasee with correctional treatment in the most effective manner, and taking into consideration the seriousness of the underlying offense, along with the nature and circumstances of the present violation conduct.

The proposed modification has been discussed with the releasee, and he has documented his concurrence by signing the Prob 49 - Waiver of Hearing to Modify Conditions of Supervised Release.

Respectfully submitted,

MICHAEL A. SIPE Senior United States Probation Officer

Telephone: (916) 786-2357

DATED: May 6, 2010

Roseville, California

TERENCE E. SHERBONDY Supervising United States Probation Officer

THE COURT ORDERS:

( U ) Modification approved as recommended.

( ) Modification not approved at this time. Probation Officer to contact Court.

( ) Other

20100511

© 1992-2010 VersusLaw Inc.



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