United States District Court, D. Rhode Island
AMENDED REPORT AND RECOMMENDATION
LINCOLN D. ALMOND, Magistrate Judge
This matter has been referred to me pursuant to 28 U.S.C. § 636(b)(1)(B) and 18 U.S.C. § 3401(i) for proposed findings of fact concerning whether Defendant is in violation of the terms of his supervised release and, if so, to recommend a disposition of this matter. In compliance with that directive and in accordance with 18 U.S.C. § 3583(e) and Fed. R. Crim. P. 32.1, a revocation hearing was held on February 12, 2014, at which time Defendant, through counsel and personally, admitted he was in violation of his supervised release conditions as to the charged violations. At the hearing, I ordered Defendant released pending final sentencing before Chief Judge William E. Smith.
Based upon the following analysis and the admission of Defendant, I recommend that Defendant be committed to the Bureau of Prisons for a term of eight (8) months of incarceration with no further supervised release to follow.
On January 21, 2014, the Probation Office petitioned the Court for a Summons to be served on Defendant. On January 23, 2014, the District Court reviewed the request and ordered the issuance of a summons. Pursuant to the summons, Defendant initially presented himself in Court on February 12, 2014 and admitted to the following charges:
Defendant shall refrain from any unlawful use of a controlled substance.
Joseph Connors has used illicit substances as evidenced by his positive urine screens on the following occasions: January 11, 2013 for morphine and hydromorphine; January 28, 2013 for morphine; February 4, 2013 for morphine; May 30, 2013 for morphine and cocaine; August 29, 2013 for cocaine; October 10, 2013 for heroin; and December 20, 2013 for cocaine and opiates.
Defendant shall report to the probation officer and shall submit a truthful and complete written report within the first five days of each month.
Joseph Connors has failed to submit written reports for February 2013, May 2013, September 2013, October 2013, November 2013 and December 2013 which were due by March 5, 2013; June 5, 2013; October 5, 2013; November 5, 2013; December 5, 2013 and January 5, 2013, respectively.
Defendant shall participate in and satisfactorily complete a program approved by the U.S. Probation Office for inpatient or outpatient treatment of narcotic addiction or drug or alcohol dependency which will include testing (up to seventh-two tests per year) for the detection of substance use or abuse.
On January 8, 2014, Joseph Connors left SSTAR, a residential treatment program, against medical advice. Prior to his admission, Mr. Connors had been instructed that he must enter and complete this residential treatment program.
As Defendant has admitted these charges, I find he is in violation of the terms and conditions of his supervised release.
Title 18 U.S.C. § 3583(e)(2) provides that if the Court finds that Defendant violated a condition of supervised release, the court may extend the term of supervised release if less than the maximum term was previously imposed. In this case, the maximum term of ...