Filed: Jan. 10, 2017
Latest Update: Jan. 10, 2017
Summary: MOTION TO VACATE JANUARY 18, 2017 REVIEW HEARING; ORDER MICHAEL J. SENG , Magistrate Judge . Defendant Scott Smith hereby requests that the Court vacate the January 18, 2017 review hearing. 1 The government agrees that Mr. Smith is in substantial compliance with the conditions of his probation, and agrees that the review hearing should be vacated. On September 29, 2015, the Court sentenced Mr. Smith to eighteen months of unsupervised probation, with the conditions that he obey all laws, a
Summary: MOTION TO VACATE JANUARY 18, 2017 REVIEW HEARING; ORDER MICHAEL J. SENG , Magistrate Judge . Defendant Scott Smith hereby requests that the Court vacate the January 18, 2017 review hearing. 1 The government agrees that Mr. Smith is in substantial compliance with the conditions of his probation, and agrees that the review hearing should be vacated. On September 29, 2015, the Court sentenced Mr. Smith to eighteen months of unsupervised probation, with the conditions that he obey all laws, ad..
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MOTION TO VACATE JANUARY 18, 2017 REVIEW HEARING; ORDER
MICHAEL J. SENG, Magistrate Judge.
Defendant Scott Smith hereby requests that the Court vacate the January 18, 2017 review hearing.1 The government agrees that Mr. Smith is in substantial compliance with the conditions of his probation, and agrees that the review hearing should be vacated.
On September 29, 2015, the Court sentenced Mr. Smith to eighteen months of unsupervised probation, with the conditions that he obey all laws, advise the Court and Government Officer within seven days of being cited or arrested for any alleged violation of law, pay a special assessment of $20.00, complete 50 hours of an anger management course, and attend Alcoholics Anonymous ("AA") meetings one time per week for six months.
Mr. Smith has fully complied with the condition of his probation that required him to pay a $20.00 special assessment, as well as the condition that required him to complete 52 hours of an anger management course. Mr. Smith paid the $20.00 special assessment owed on November 25, 2015. See Exhibit A — Payment Inquiry Report. On November 28, 2016, Mr. Smith completed 52 hours of an online anger management course. Proof of his completion of this course is attached. See Exhibit B — Proof of Completion for Anger Management.
Mr. Smith has substantially complied with the condition that he attend AA meetings at a rate of one meeting per week for six months. Between October 11, 2015, and May 3, 2016, Mr. Smith attended 22 AA meetings. See Exhibit C — Proof of AA Attendance. This total is two meetings shy of the cumulative total required of 24 AA meetings. Additionally, the duration of Mr. Smith's attendance at AA meetings exceeded the six months set forth by this Court because Mr. Smith moved from California to Ohio in March 2016. While the move was initially disruptive to his ability to attend AA meetings for that month, once settled in Ohio, Mr. Smith once again began attending AAs in April and May 2016. Although Mr. Smith is two AA meetings shy of the cumulative total of 24 AA meetings, the government agrees that given the totality of his performance on probation Mr. Smith is in substantial compliance and that the review hearing should be vacated.2
ORDER
Based on the parties' joint representation that Mr. Smith has substantially complied with the conditions of his probation, the Court vacates the review hearing scheduled for January 18, 2017, at 10:00 a.m. in Case No. 6:15-mj-00024-MJS.
IT IS SO ORDERED.
