IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
April 9, 2012
UNITED STATES OF AMERICA,
The opinion of the court was delivered by: Judge: Hon. Kendall J. Newman
BENJAMIN B. WAGNER United States Attorney CHRISTOPHER S. HALES Special Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: (916) 554-2807
PROBATION REVOCATION PETITION, NOTICE OF HEARING and ORDER
DATE: May 2, 2012
TIME: 9:00 a.m.
On August 25, 2010, the above-named defendant was given the following sentence, among other things, by United States Magistrate Judge Kendall J. Newman:
1. The defendant shall serve a one-year term of Court Probation, subject to the following terms:
a. The defendant shall pay a $400.00 fine and a special assessment in the amount of $10.00 for Count One of the Information, Driving when Privilege Suspended and Revoked for Failure to Appear;
b. The defendant shall begin payment immediately.
On August 10, 2011, the above-named defendant was ordered to appear to explain why his probation should not be revoked since payment had not been paid on his fine for Count One. Defendant paid $60.00 on his fine. United States Magistrate Judge Kendall J. Newman ordered the following:
1. The defendant shall pay $50.00 on September 1, 2011, and $30.00 per month until the fine and special assessment are paid.
2. The term of Court Probation shall be extended for one year.
3. A Control Date was set for October 19, 2011 at 9:00 a.m. before the Honorable Kendall J. Newman.
On October 19, 2011, defendant made a $50.00 payment that had been due on September 1, 2011. Defendant advised the Judge that a $30.00 payment was made, but his cashier's check was made payable to the Federal Public Defender.
The United States alleges the defendant has violated the revised conditions of probation as follows:
1. The defendant was ordered to pay a fine of $400.00 and a special assessment of $10.00 for Count One of the Information.
2. The defendant has paid $140.00 towards his fine for Count One.
3. The defendant was ordered to pay $30.00 per month after making his payment on September 1, 2011. Defendant has failed to make monthly payments since November 2011, which totals $150.00 through March 2012.
4. The defendant owes a total outstanding balance of $270.00.
The United States therefore petitions the Court to add this matter on its May 2, 2012 calendar for a second probation revocation hearing to allow the defendant to show cause why the probation ordered on October 19, 2011, should not be revoked.
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.
It is Hereby Ordered that the defendant appear on May 2, 2012, at 9:00 a.m., to show cause why the probation ordered on October 19, 2011, should not be revoked.
IT IS SO ORDERED.
KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE
© 1992-2012 VersusLaw Inc.