The opinion of the court was delivered by: Judge Holschuh
ORDER This matter is before the Court on the June 30, 2003 petition of the Probation Officer charging Defendant Patterson with violating two conditions of his supervised release. The Court held a hearing on Monday, July 17, 2006.*fn1
Defendant originally appeared before the Court on May 24, 1996, to be sentenced on one count of conspiracy to distribute over 5 grams of cocaine base, in violation of 21 U.S.C. § 841. Defendant was sentenced to a 51 month term of imprisonment, to run concurrently with several state-imposed sentences, followed by a 48 month term of supervised release.
Defendant commenced supervised release on March 27, 2000. On January 3, 2001, the Probation Officer submitted a non-compliance summary to the Court. The Court concurred with the Probation Officer's recommendation to refer Defendant to Parkside Behavioral Services for substance abuse treatment and to otherwise continue Defendant on the previously imposed terms of supervised release.
On June 30, 2003, the Probation Officer petitioned the Court to revoke Defendant's supervise release due to his plea of guilty, in state court, to Robbery and also his positive tests for marijuana use. The Court issued a warrant for Defendant's arrest on June 30, 2003. Defendant was arrested on June 29, 2006, following his release from state custody.
In petitioning this Court on June 30, 2003, the Probation Officer outlined, with the requisite factual basis, two violations of Defendant's supervised release:
Mandatory Condition: "While on supervised release, the defendant shall not commit another federal, state, or local crime."
On July 5, 2002, Patterson was arrested by the Mifflin Township Police Department and charged with Aggravated Robbery. On July 15, 2002, a 6-Count Indictment was returned in Franklin County Common Pleas Court, charging him with Aggravated Robbery with Specification, two counts of Robbery with Specification, two counts of Failure to Comply with an Order of a Police Officer, and one count of Having a Weapon While under Disability.
The investigation reports prepared by Mifflin Township Police and the Franklin County Sheriff's office, revealed that Dominique Patterson committed an armed robbery on July 5, 2002, outside of a store on Agler Road. The victim reported that as he was leaving Bob's Market, after cashing a paycheck, Patterson stuck a gun in his stomach and demanded that he give him his wallet. After the victim gave him his wallet, Patterson attempted to flee the area.
With the assistance of Clinton Township and Columbus Police, Patterson was arrested a short time later with the clothing used in the robbery.
On May 7, 2003, Dominique Patterson entered a plea of guilty to Robbery Without the Specification, and was sentenced to a period of four (4) years custody at the Ohio Department of Rehabilitation and Correction, with 306 days jail credit.
Condition 7: "You shall refrain from excess use of alcohol and shall not purchase, possess, use, distribute or administer and [sic] narcotic or other controlled substance, or any paraphernalia related to such substance, Between September 2000 and December 2000, Mr. Patterson tested positive for marijuana five (5) times. These initial use [sic] of marijuana was [sic] reported to the Court in a violation report dated January 3, 2001. In December 2000 he was referred to Parkside for substance abuse treatment. After referral to drug treatment, Mr. Patterson continued to test positive for the use of marijuana. During this period he tested positive for marijuana on 1/15/01, 2/12/01, 2/27/01, 3/5/01, 3/27/01, 4/2/01, 4/23/01 and 5/1/01. On May 1, 2001, his treatment plan was modified to include two individual and two group sessions with the Parkside counseling program. In June 2001, Patterson began to show signs of making a positive adjustment to the treatment program and appeared to abstain from the use of marijuana.
On October 16, 2001, he tested positive for the use of marijuana. In November 2001, due to a contract change with the treatment provider, Patterson's substance abuse treatment was moved from Parkside to Maryhaven. On January 29, 2002, [Patterson] again tested positive for the use of marijuana. Patterson continue[d] to participate in the treatment program until he was terminated from treatment in July 2002, due to his new arrest.
The Court has reviewed the Supervised Release Violation Report in which the Probation Officer listed sentencing options and offered a recommendation and adjustment for the offender. Defendant, who was represented by counsel, admitted at the hearing that he had violated the conditions of his supervised release as alleged by the Probation Officer. The Court finds that Defendant has violated the terms and conditions of his supervised release as alleged by the Probation Officer.
Based on these two violations, the Court hereby REVOKES the Defendant's supervised release. This Court ORDERS Defendant committed to the custody of the Bureau of Prisons to be imprisoned for a period of 35 days, with credit for the 22 days time served since June 29, 2006 when Defendant was taken into federal custody. Upon release from imprisonment, Defendant shall be placed on supervised release for a term of 1 year. Within 72 hours of release from custody of the ...