United States District Court, N.D. California
Date
of Original Sentence: May 9, 2014
REQUEST FOR MODIFYING THE CONDITIONS OR TERM OF
SUPERVISION WITH CONSENT OF THE OFFENDER
THE
HONORABLE SUSAN ILLSTON SENIOR UNITED STATES DISTRICT JUDGE.
Original
Offense
Count
One: Distribution and Possession With Intent to Distribute
Controlled Substances Within 1, 000 Feet of a School, 21
U.S.C. §§ 841 and 860, a Class B Felony
Original
Sentence: Twelve (12) months, one day custody; six
years supervised release
Special
Conditions: Pay $100 special assessment; drug
treatment and testing; abstain from the use of all alcoholic
beverages; submit to search/seizure; register as a drug
offender; if unemployed, perform a minimum of 20 hours a week
of community service; stay away from the area in San
Francisco bordered on the west by Van Ness and South Van Ness
Avenues, on the north by Geary Street, on the east by Powell
Street and 5th Street, and on the south by Howard
Street; DNA collection; not own or possess firearms,
ammunition, destructive devices, or other dangerous weapons.
Prior
Form(s) 12: On July 29, 2016, a Petition for Arrest
Warrant for Offender Under Supervision was filed. The arrest
warrant was executed on August 2, 2016. On August 3, 2016,
Mr. Allen made an Initial Appearance before The Honorable
Joseph C. Spero, Chief United States Magistrate Judge, and
was advised of the three charges contained in the petition,
which alleged the following: 1) offender committed a new law
violation; 2) frequented an area where controlled substances
were illegally sold, used, distributed, or administered; and
3) possessed a firearm and/or ammunition. On August 5, 2016,
Mr. Allen was ordered released from custody during a
detention hearing and Chief United States Magistrate Judge
Spero ordered the conditions of supervision to be modified to
include the two additional conditions contained herein this
petition requesting the modification.
Petitioning
the Court
To
modify the conditions of Supervised Release as follows:
1. The defendant shall be subject to electronic monitoring.
The probation officer will approve in advance times when the
defendant may leave home for purposes of employment, attorney
visits, probation visits, court, counseling ordered by
probation, and family errands. The defendant shall pay all or
part of the costs of the program based upon his ability to
pay as determined by the probation officer.
2. The defendant shall stay at least 100 feet away from 960
Connecticut Street, San Francisco, California.
Cause
Mr.
Allen appeared for a detention hearing on August 5, 2016,
before The Honorable Joseph C. Spero, Chief United States
Magistrate Judge, and was ordered released from custody. The
Court’s decision was based upon a joint recommendation
from the parties. To ensure his appearance and compliance
while on release, his conditions were modified to include
home confinement with electronic monitoring and a stay away
order, as proposed in this modification request.
The
Court also set conditions of his release on $50, 000
unsecured bond. Mr. Allen’s sister, Alicia Moore, was
present during the hearing and signed as a surety. As part of
his bond, the defendant agreed to the following: 1) appear at
all proceedings as ordered by the Court and surrender for
service of any sentence imposed; 2) not commit any federal,
state, or local crime; 3) not harass, threaten, intimidate,
injure, tamper with, or retaliate against any witness,
victim, informant, juror, or officer of the Court, or
obstruct any criminal investigation; 4) not possess any
firearm, destructive device, or other dangerous weapon;
...