IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
August 23, 2011
UNITED STATES OF AMERICA,
The opinion of the court was delivered by: Judge: Hon. Dale A. Drozd
DANIEL J. BRODERICK, #89424 Federal Defender LINDA C. HARTER, CA Bar #179741 Chief Assistant Federal Defender Designated Counsel for Service 801 I Street, 3rd Floor Sacramento, California 95814 Telephone: (916) 498-5700 Attorney for Defendant ELEXIE JACKSON
AMENDED DEFENDANT'S UNOPPOSED MOTION AND PROPOSED ORDER TO MODIFY CONDITIONS OF SUPERVISION Time:
The Defendant, Elexie Jackson, was sentenced on May 17, 2011 following her guilty plea to misdemeanor violations of 18 U.S.C. §§ 111(a)(1) and 1701. She self-surrendered and has already completed her 30 day jail sentence. The Court imposed several special conditions of supervision including a condition that requires Ms. Jackson to reside in either the Mather Residential Program or a residential community corrections center (halfway house) for a period of 210 days. If she was admitted to the Mather Residential Program she would have also been required to be monitored by an EM device.
At the time of the sentencing hearing it appeared that Ms. Jackson would be accepted into the Mather program. Unfortunately, the Mather Program rejected her claiming that its federal funding would prohibit them from taking her since she was convicted of (misdemeanor) assault on a federal worker. Once released from jail, Ms. Jackson returned to The Effort. Her probation officer, Mr. Storey, then placed her at the Clean and Sober Living House in South Sacramento. The probation officer has visited her at the program and believes that this is a good placement for her. She will be able to stay locally rather than go to a halfway house in another city. She has also resumed treatment with her Sacramento based physician for her mental health issues.
Ms. Jackson and her probation officer both feel that this placement makes more sense than sending her to a federal halfway house far away from her family, home and treating physicians. For these reasons, the defendant moves to modify Special Condition number 5 of her supervision as follows:
5. The defendant shall reside and participate, for 210 days, in a residential community corrections center or any other residential facility approved by her federal probation officer. Placement shall commence upon release from custody pursuant to 18 U.S.C. § 3563(b)(11). While in a facility other than a community corrections center, the defendant shall, at the discretion of the probation officer, be under a curfew and monitored by an electronic device. She shall pay the costs attendant to this as determined by the probation office.
All other conditions of supervision are to remain unchanged.
The government, through Assistant U.S. Attorney Jill Thomas, has been contacted regarding this modification and has no opposition to this change in conditions.
Good cause appearing and pursuant to Federal Rule of Criminal Procedure 32.1(c)(2) and 18 U.S.C. § 3583(e)(2) the conditions of Ms. Jackson's supervision are modified as requested above. All other conditions remain in full force and effect.
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