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U.S. v. Joyner, 5:06-CR-123-1H. (2018)

Court: District Court, E.D. North Carolina Number: infdco20180413d16 Visitors: 18
Filed: Apr. 12, 2018
Latest Update: Apr. 12, 2018
Summary: Petition for Action on Supervised Release MALCOLM J. HOWARD , Senior District Judge . COMES NOW Lee Holmes, Probation Officer of the court, presenting a petition for modification of the Judgment and Commitment Order of Joe Clinton Joyner, who, upon an earlier plea of guilty to 18 U.S.C. 2113(a), Bapk Robbery, was sentenced by the Honorable Malcolm J. Howard, Senior U.S. District Judge, on March 13, 2007, to the custody of the Bureau of Prisons for a term of 156 months. It was further orde
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Petition for Action on Supervised Release

COMES NOW Lee Holmes, Probation Officer of the court, presenting a petition for modification of the Judgment and Commitment Order of Joe Clinton Joyner, who, upon an earlier plea of guilty to 18 U.S.C. § 2113(a), Bapk Robbery, was sentenced by the Honorable Malcolm J. Howard, Senior U.S. District Judge, on March 13, 2007, to the custody of the Bureau of Prisons for a term of 156 months. It was further ordered that upon release from imprisonment the defendant be placed on supervised release for a period of 36 months.

Joe Clinton Joyner was released from custody on January 23, 2018, at which time the term of supervised release commenced. On March 13, 2018, the court was advised that the defendant tested positive for cocaine and was continued on supervision.

RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS:

On March 22, 2018, the defendant submitted a urine sample that tested positive for cocaine. The defendant had previously completed a substance abuse assessment at Integrated Behavioral Healthcare Services, with no further treatment recommended. As a result of the positive testing for cocaine, we are recommending that the defendant return to Integrated Behavioral Healthcare Services for individual substance abuse counselling and a mental health assessment. The defendant will continue to be emailed in the surprise urinalysis program as well. 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 participate in a program of mental health treatment, as directed by the probation office.

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

Reviewed and approved, I declare under penalty of perjury that the foregoing is true and correct. /s/Eddie J. Smith /s/Lee Holmes Eddie J. Smith Lee Holmes Supervising U.S. Probation Officer Probation Officer 150 Rowan Street Suite 110 Fayetteville, NC 28301 Phone: 910-354-2568 Executed On: April 10, 2018

ORDER OF THE COURT

Considered and ordered this 12th day of April, 2018, and ordered filed and made a part of records in the above case.

Source:  Leagle

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