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U.S. v. AL MACE, 5:13-CR-20-4H. (2014)

Court: District Court, E.D. North Carolina Number: infdco20141105a26
Filed: Nov. 04, 2014
Latest Update: Nov. 04, 2014
Summary: Petition for Action on Supervised Release MALCOLM J. HOWARD, Senior District Judge. COMES NOW Scott Plaster, probation officer of the court, presenting a petition for modification of the Judgment and Commitment Order of Al Mace, who, upon an earlier plea of guilty to Conspiracy to Distribute and Possess With Intent to Distribute 280 Grams or More of Cocaine Base (Crack), in violation of 21 U.S.C. 846 and 841(b)(1)(A), was sentenced by the Honorable Malcolm J. Howard, Senior U.S. District Ju
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Petition for Action on Supervised Release

MALCOLM J. HOWARD, Senior District Judge.

COMES NOW Scott Plaster, probation officer of the court, presenting a petition for modification of the Judgment and Commitment Order of Al Mace, who, upon an earlier plea of guilty to Conspiracy to Distribute and Possess With Intent to Distribute 280 Grams or More of Cocaine Base (Crack), in violation of 21 U.S.C. §§ 846 and 841(b)(1)(A), was sentenced by the Honorable Malcolm J. Howard, Senior U.S. District Judge, on September 10, 2014, to the custody of the Bureau of Prisons for a term of 24 months. It was further ordered that upon release from imprisonment the defendant be placed on supervised release for 5 years under the standard conditions adopted by the court and the following additional conditions:

1. The defendant shall participate as directed in a program approved by the probation office for the treatment of narcotic addiction, drug dependency, or alcohol dependency which will include urinalysis testing or other drug detection measures and may require residence or participation in a residential treatment facility.

2. The defendant shall participate in a program of mental health treatment, as directed by the probation office.

3. The defendant shall consent to a warrantless search by a United States Probation Officer or, at the request of the probation officer, any other law enforcement officer, of the defendant's person and premises, including any vehicle, to determine compliance with the conditions of this judgment.

4. The defendant shall cooperate in the collection of DNA as directed by the probation officer.

5. The defendant shall pay a special assessment of $100.00 and a fine of $1,000.00. Payment of the special assessment and fine shall be due immediately.

Al Mace was released from custody on October 27, 2014, at which time the term of supervised release commenced.

RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS: The defendant was receiving Social Security Disability Income (SSDI) prior to his incarceration. At the present time, he is not receiving benefits and is without the ability to pay the special assessment and fine immediately. As a result, it is recommended the defendant make payments in monthly installments of $50.00 beginning 60 days after the defendant's release from prison until the financial obligation is paid in full. The defendant signed a Waiver of Hearing agreeing to the proposed modification of supervision.

PRAYING THAT THE COURT WILL ORDER that supervised release be modified as follows:

1. The defendant shall make payments towards the financial obligation originally imposed in installments of $50.00 per month beginning 60 days following the defendant's release from pirson.

Except as herein modified, the judgment shall remain in full force and effect.

Reviewed and approved, I declare under penalty of perjury that the foregoing is true and correct. /s/Jeffrey L. Keller /s/Scott Plaster Jeffrey L. Keller Scott Plaster Supervising U.S. Probation Officer U.S. Probation Officer 310 New Bern Avenue, Room 610 Raleigh, NC 27601-1441 Phone: (919) 861-8660 Executed On: November 4, 2014;

ORDER OF COURT

Considered and ordered this 4th day of November, 2014, and ordered filed and made a part of the records in the above case.

Source:  Leagle

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