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United States v. Wells

United States District Court, Ninth Circuit

May 10, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
SHAWN ANTOINE WELLS, Defendant.

STEVEN G. KALAR, Federal Public Defender, ANGELA M. HANSEN, Assistant Federal Public Defender, MAUREEN BESSETTE, Assistant United States Attorney, Counsel for Defendant WELLS.

STIPULATED REQUEST TO MODIFY TERMS OF SUPERVISED RELEASE AND [PROPOSED] ORDER

CLAUDIA WILKEN, Chief District Judge.

The above-captioned matter is set on May 13, 2013 before this Court for a hearing on a supervised release violation based on allegations in a Probation Form 12 Petition that Mr. Wells tested positive for drugs. The parties jointly request that the Court modify Mr. Wells' supervised release to include six months in a halfway house as a sanction for the violation conduct.

Because of funding cuts, an inpatient residential drug treatment program is not available to Mr. Wells, and Mr. Wells' insurance would not fund an full-time residential program. Given these restraints, the Probation Office has proposed that Mr. Wells reside in a halfway house and receive outpatient care while residing at the facility. The parties support the Probation Office's proposal and believe that six months in the halfway house will provide Mr. Wells with necessary structure and a new and supportive environment in which to remain sober.

While at the halfway house, the parties agree that Mr. Wells will continue with outpatient drug treatment. The parties further agree that other conditions of supervision shall remain in effect.

ORDER

Upon agreement of the parties and for good cause, it is hereby ordered that defendant's supervised release is modified as follows:

Defendant shall reside for a period of up to six months, as directed by the probation officer, at a half way house or GEO Care facility to be determined by the probation officer, and shall observe the rules of that facility. All other terms and conditions of supervised release shall remain in place. The Form 12 Petition is resolved and the May 13, 2013 hearing date is vacated.

IT IS SO ORDERED.


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