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United States v. Jackson

United States District Court, Ninth Circuit

May 21, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
SHELDON JACKSON, Defendant.

STEVEN G. KALAR, Federal Public Defender, NED SMOCK, Assistant Federal Public Defender, Oakland, CA, Counsel for Defendant Jackson.

STIPULATED REQUEST TO MODIFY TERMS OF SUPERVISED RELEASE AND ORDER

CLAUDIA WILKEN, District Judge.

On June 2, 2010, Sheldon Jackson was sentenced to a term of 48 months imprisonment and 3 years of supervised release. One of the conditions of supervised release was that Mr. Jackson was not permitted to return to North Richmond. In the Presentence Investigation Report, the assigned United States Probation Officer, Insa Amina Bel'Ochi, recommended that a term of four months in the halfway house be included as part of Mr. Jackson's term of supervised release after he finished his prison sentence. Specifically, the recommendation read as follows:

To further facilitate [Mr. Jackson's] success, it is recommended that the defendant is afforded a four month placement at a half-way house. The placement is not a punitive sanction but a public-law placement, which can be terminated or waived, on approval of the probation officer, once the defendant has secured an appropriate housing alternative, therapeutic support, and employment or vocation/educational involvement.

At sentencing, the Court followed this recommendation of four months in the halfway house, indicating on the record that should Mr. Jackson find appropriate housing and employment or educational involvement, the halfway house requirement could be revisited. The judgment, however, did not indicate that the four-month halfway house placement could be terminated or waived by the assigned probation officer.

Mr. Jackson is currently at the Oakland halfway house. His 48 month sentence is scheduled to end on May 20, 2013. Mr. Jackson has an appropriate housing arrangement in place. United States Probation has visited and approved a residence for Mr. Jackson with his wife in Pinole. In addition, Mr. Jackson is enrolled in adult school classes to get his General Equivalency Diploma. For these reasons, the parties agree that further time in the halfway house is unnecessary. Mr. Jackson's assigned probation officer is in agreement that he should be permitted to commence his term of supervised release at home with his wife while enrolled in school.

ORDER

Based on the reasons provided in the stipulation of the parties above, IT IS HEREBY ORDERED THAT the requirement that Mr. Jackson reside for a period of four months in a community correction facility following his release from the Bureau of Prisons is waived, as recommended by the probation officer. Mr. Jackson must abide by all other conditions of his three year term of supervised release as set forth in the judgment.

IT IS SO ORDERED.


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