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In re Harris

June 15, 2010

DAMION LAMONT HARRIS


The opinion of the court was delivered by: Honorable John A. Mendez

PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION

Offender Address: Sacramento, California

United States District Judge Sacramento, California Original Sentence Date: 06/23/2005 Original Offense: 18 USC 922(g)(1) - Felon in Possession of a Firearm

(CLASS C FELONY)

Original Sentence: 57 months Bureau of Prisons; 36 months term of supervised release; $100 special assessment.

Special Conditions: Search, Drug and alcohol treatment and testing; cell phone restrictions; Aftercare copayment; Disclosure of business/personal cell phone records; submit to the collection of DNA.

Type of Supervision: Supervised Release Supervision Commenced: 04/13/2009 Assistant U.S. Attorney: William S. Wong Telephone: (916) 554-2900 Assistant Federal Defender: Caro Marks Telephone: (916) 498-5710 Other Court Action: None.

PETITIONING THE COURT

( X ) OTHER: The offender is to appear before the Court on July 13, 2010 at 9:30 a.m., to show cause why supervision heretofore granted should not be revoked. The probation officer is hereby directed to notify the offender and counsel of said hearing.

The probation officer alleges the offender has violated the following condition(s) of supervision:

Charge Number Nature of Violation

Charge 1: NEW LAW VIOLATION

Since June 2006, the United States Postal Inspection Service has been investigating a scheme involving stolen postal money orders. The suspects would steal the postal money orders from PG&E, alter them, and cash the stolen money orders at the post office throughout the Bay Area and in Nevada. The United States Postal Inspection Service has documented over 300 altered United States postal money orders which were mailed from customers to PG&E as payments and did not get deposited into PG&E and were later cashed by other individuals. The total cost of these money orders is approximately $250,000. Customers placed claims with the United States Postal Office for lost or stolen money orders. The customers were refunded the amount of the money order so the loss is to the United States Postal Service. During this investigation, it was learned that on March 26, 2010, Damion Lamont Harris cashed one of the stolen money orders, as well as used proceeds from another stolen money order to purchase a new money order of which he also cashed. The amount of both money orders totaled $1,150. Additionally, Mr. Harris drove another participant in the scheme, Becky Bordan, to Reno, Nevada, where she cashed stolen money orders. He also drove Ms. Bordan to Fresno and Ripon, where she cashed additional stolen money orders.

On April 6, 2010, United States Postal Inspector Racimo along with the undersigned met with Mr. Harris. During that conversation, he admitted to driving Ms. Bordan to Reno and that he did cash one money order. He denied knowing the money orders were stolen or that Ms. Bordan was involved in a scheme to cash stolen money orders. He admitted to driving her outside of the district to Reno, Nevada. This is in violation of 18 USC 1708 - Theft or Receipt of Stolen Mail Matter; 18 USC 371 - Conspiracy; and 18 USC 500 - Money Order Fraud. Mr. Harris' conduct is in violation of the standard condition of supervision which states he shall not commit any local, state, or federal law.

Charge 2: TRAVEL OUTSIDE OF THE DISTRICT WITHOUT PERMISSION OF THE COURT OR THE PROBATION OFFICER

On March 25, 2010, the offender traveled outside of the district to Reno, Nevada, without permission of the Court or the probation officer. This is in violation of standard condition which states the defendant shall not leave the judicial district without permission of the Court or the probation officer.

Justification: Since Mr. Harris' term of supervised release began on April 13, 2009, his compliance with supervision has been marginal. Mr. Harris was placed on an employment search and asked to document his employment search. Mr. Harris failed to follow those instructions. To date, he continues to be unemployed. He resides with mother in Sacramento, California. Due to his minimal efforts on supervision and his participation in this ...


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