Filed: Sep. 20, 2018
Latest Update: Sep. 20, 2018
Summary: DUDLEY H. BOWEN, JR. , District Judge . The Court has been advised that Aldrickus T. Cuyler has entered into a pretrial diversion agreement dated September 19, 2018, with the United States Attorney's Office. A copy of the agreement is attached to this order and incorporated by reference. The pretrial diversion agreement is accepted and pursuant to Title 18, United States Code, Section 3161(h)(2), the Court excludes from the time calculation under the Speedy Trial Act the time between Septem
Summary: DUDLEY H. BOWEN, JR. , District Judge . The Court has been advised that Aldrickus T. Cuyler has entered into a pretrial diversion agreement dated September 19, 2018, with the United States Attorney's Office. A copy of the agreement is attached to this order and incorporated by reference. The pretrial diversion agreement is accepted and pursuant to Title 18, United States Code, Section 3161(h)(2), the Court excludes from the time calculation under the Speedy Trial Act the time between Septemb..
More
DUDLEY H. BOWEN, JR., District Judge.
The Court has been advised that Aldrickus T. Cuyler has entered into a pretrial diversion agreement dated September 19, 2018, with the United States Attorney's Office. A copy of the agreement is attached to this order and incorporated by reference.
The pretrial diversion agreement is accepted and pursuant to Title 18, United States Code, Section 3161(h)(2), the Court excludes from the time calculation under the Speedy Trial Act the time between September 19, 2018, and the conclusion of the prosecution deferment period.
SO ORDERED.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
DUBLIN DIVISION
IN RE:
ALDRICKUS T. CUYLER INDICTMENT NO.: 3:18-cr-00009
PRE-TRIAL DIVERSION
AGREEMENT FOR PRETRIAL DIVERSION
It appearing that you are reported to have committed offenses against the United States on or about February 20, 2017, in the Southern District of Georgia, being in violation of Title 21, United States Code, Section 841(a)(1)(Possession With Intent to Distribute a Mixture or Substance Containing a Detectable Amount of Marihuana); and,
Upon your accepting responsibility for your behavior and by your signature on this Agreement;
After an investigation of the offenses, and your background, it appearing that the interests of justice, the interests of the United States, and your own interests will best be served by the following procedure; therefore.
On the authority of the Attorney General of the United States, by, Bobby L. Christine, United States Attorney for the Southern District of Georgia, prosecution in this District for this offense shall be deferred for the period of 12 months from this date, provided you abide by the following conditions and the requirements of the program set out below.
Should you violate the conditions of this supervision, the United States Attorney may revoke or modify any conditions of this pretrial diversion program. The United States Attorney may release you from supervision at any time. The United States Attorney may, at any time within the period of your supervision, initiate prosecution for this offense should you violate the conditions of this supervision and will furnish you with notice specifying the conditions of your program, which you have violated.
If, upon completion of your period of supervision, a pretrial diversion report is received to the effect that you complied with all the rules, regulations and conditions mentioned below, no prosecution for the offenses set out on page one of this Agreement will be instituted in this District, and any indictment or information will be discharged.
Neither this agreement nor any other document filed with the United States Attorney as a result of your participation in the pretrial diversion program will be used against you except for impeachment purposes, in connection with any prosecution for the above-described offense.
CONDITIONS OF PRETRIAL DIVERSION
1. You shall not violate any law (federal, state, and local). You shall immediately contact your Probation Officer if arrested and/or questioned by any law enforcement officer.
2. You shall work regularly at a lawful occupation or attend school in a formal education program. When out of work or unable to attend school, you shall notify your Probation Officer at once. You shall consult him prior to job, school, or address changes.
3. You shall continue to live in this judicial district. If you intend to move out of the district, you shall inform your Probation Officer so that the appropriate transfer of program responsibility can be made.
4. You shall report to your Probation Officer as directed and keep him informed of your whereabouts. You shall submit a truthful and complete written report to your Probation Officer once per month.
5. You shall refrain from excessive use of alcohol, or any use or unlawful possession of a narcotic drug, unless prescribed by a physician and shall submit to random urinalysis and treatment as directed by your Probation Officer.
6. You shall submit your person, property, house, residence, office, papers, vehicle, computers (as defined in 18 U.S.C. § 1030(e)(1)), or other electronic communications or data storage devices or media, to a search conducted by the United States Probation Office at a reasonable time and in a reasonable manner, based upon reasonable suspicion of contraband or evidence of a violation of a condition of the pretrial diversion program; failure to submit to a search may be grounds for removal from the diversion program. The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition.
7. You shall restrict your travel to the Southern District of Georgia, except for employment related travel as approved by your Probation Officer.
8. You shall refrain from possessing a firearm, destructive device, or other dangerous weapon.
9. You shall report as soon as possible to your Probation Officer any contact with law enforcement personnel, including, but not limited to, any arrest, questioning, or traffic stop.
I assert and certify that I am aware of the fact that the Sixth Amendment to the Constitution of the United States provides that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial and the right to an attorney. I am also aware that Rule 48(b) of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for unnecessary delay in presenting a charge to the Grand Jury, filing an information or in bringing a defendant to trial. I hereby request that the United States Attorney for the Southern District of Georgia defer any prosecution of me for violation of Title 18, United States Code, Section 922(a)(6) and Title 18, United States Code, Section 922(a)(1)(A), for the period of 12 months, and to induce him to defer such prosecution, I agree and consent that any delay from the date of this Agreement to the date of the initiation of prosecution, as provided for in the terms expressed herein, shall be deemed to be a necessary delay at my request and I waive any defense to such prosecution on the ground that such delay operated to deny my rights under Rule 48(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running of the statute of limitations for a period of 12 months which is the period of this Agreement.
I hereby state that the above has been read and explained to me. I understand the conditions of my pretrial diversion and agree that I will comply with them.
_________________________________________ 8/28/2018
Aldrickus T. Cuyler Date
_________________________________________ 8/28/2018
Daniel M. King, Jr., Defendant's Attorney Date
_________________________________________ 9/19/18
Tara M. Lyons, Assistant U.S. Attorney Date
_________________________________________ 9/18/18
Enoch Eller, U.S. Probation Officer Date
