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In re Harris

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


June 16, 2010

OFFENDER NAME: DAMION LAMONT HARRIS

The opinion of the court was delivered by: Honorable John A. Mendez United States District Judge

PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION

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 rather large conspiracy to obtain stolen postal money orders, it seems appropriate he be brought before the Court.

Custody Status/Location - N/A

Booking/CDC Number - N/A

Bail/Detention: At this time, the offender is not considered a flight risk nor a danger to the community; however, this could change depending on his compliance of supervision.

I declare under penalty of perjury that the foregoing is true and correct.

EXECUTED ON: June 15, 2010

Sacramento, California CJM/sc

Respectfully submitted,

CYNTHIA J. MAZZEI Senior United States Probation Officer

Telephone: (916) 930-4315

KYRIACOS M. SIMONIDIS Supervising United States Probation Officer

THE COURT FINDS PROBABLE CAUSE AND ORDERS:

( ) The issuance of a warrant ( ) Bail set at $( ) No Bail ( x ) The issuance of a summons (copy to Defense Counsel). Order to appear July 13, 2010 at 9:30 a.m. ( ) Other:

FURTHER PROCEEDINGS REGARDING CUSTODY: ( ) Defendant is ordered detained, to be brought before District Judge forthwith. ( ) Initial appearance and detention hearing before Magistrate Judge.

06/15/2010 /s/ John A. Mendez Date Signature of Judicial Officer

William S. Wong, Assistant United States Attorney Caro Marks, Assistant Federal Defender

STATEMENT OF EVIDENCE OF ALLEGED SUPERVISED RELEASE VIOLATIONS

Honorable United States District Judge Sacramento, California

Your Honor: In addition to a copy of the Acknowledgment of Conditions of Probation or Supervised Release and Receipt of Criminal Judgment and Judgment and Commitment Order, the following evidence and/or testimony will be offered to support the probation officer's allegation that the above-named releasee is in violation of the conditions of supervision as stated on the attached Probation Form 12C - Petition for Warrant or Summons for Offender Under Supervision.

Charge 1: NEW LAW VIOLATION

A. Evidence:

(1) United States Postal Inspector, Case Number 1759766-MF.

B. Witnesses:

(1) United States Postal Inspectors will testify the offender cashed a stolen money order, as well as a money order which was purchased from proceeds from a stolen money order.

Charge 2: LEAVING THE JUDICIAL DISTRICT WITHOUT PERMISSION OF THE

COURT OR THE PROBATION OFFICER

A. Evidence:

(1) Conditions of supervised release.

B. Witnesses:

(1) Senior United States Probation Officer Cynthia J. Mazzei will testify the offender did not have permission to travel to Reno, Nevada.

Respectfully submitted,

CYNTHIA J. MAZZEI Senior United States Probation Officer

DATED: June 15, 2010

Sacramento, California CJM/sc

KYRIACOS SIMONIDIS Supervising United States Probation Officer

REVOCATION GUIDE - SUPERVISED RELEASE

Offender Name: Damion Lamont HARRIS Docket Number: 2:04CR00345-01 Date of original offense: 09/08/2004 Original term of supervised release imposed: 3 years Highest grade of violation alleged: B Criminal History Category of offender: IV Chapter 7 range of imprisonment: 12 to 18 months Maximum term on revocation - 18 USC 3583(e)(3): (choose one below)

Class A felony - 5 years (or stat max of years if longer)

Class B felony - 3 years X Class C and/or D felony - 2 years

Class E felony and misdemeanors - 1 year Violation requires mandatory revocation:

YES: NO: X Original offense committed on or after 04/30/2003: Court may sentence up to the statutory maximum term of supervised release applicable to the original offense of conviction, but not exceed the maximum for the classes of offenses noted above. There is no adjustment for prison time imposed for any previous revocation of the term of supervised release. The Court must consider but is not bound by Chapter 7 ranges. Upon revocation, the Court may re-impose supervised release; however, the term is limited to the statutory maximum authorized under Title 18 USC 3583(e)(3) for the original offense of conviction, less the current term of imprisonment imposed upon revocation, and all prior terms of imprisonment imposed upon previous revocations.

MANDATORY REVOCATION ISSUES

Original offense committed after 09/13/94: Title 18 USC 3583 instructs that supervision shall be revoked upon a finding of: 1) Possession of a controlled substance; 2) Possession of a firearm; or, 3) Refusal to comply with mandatory drug testing. If the violation involves the use of a controlled substance, the Court has the discretion to find that "use" constitutes "possession." Positive/Failed Drug Tests after 11/02/2002: Title 18 USC 3583(g) amended and instructs that supervision be revoked for: Testing positive for illegal controlled substances more than three times over the course of one year.

June 15, 2010

20100616

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