Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Simpson

United States District Court, W.D. Wisconsin

August 26, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
RICKY A. SIMPSON, Defendant.

          ORDER

          Honorable James D. Peterson U.S. District Judge

         A hearing on the probation office's petition for judicial review of Ricky A. Simpson's probation was held on August 23, 2016, before U.S. District Judge James D. Peterson. The government appeared by Assistant U.S. Attorney Jeff Anderson. The defendant was present in person and by counsel. Also present was Senior U.S. Probation Officer Kristin E. Kiel.

         From the record and stipulation I make the following findings of fact.

         FACTS

         The defendant was sentenced in the Western District of Wisconsin on May 3, 2013, following his conviction for credit card fraud, in violation of 18 U.S.C. § 1029(a)(1). This offense is a Class C felony. He was sentenced to a five-year term of probation and his term began immediately after sentencing.

         On September 3, 2013, the defendant was returned to court for violations that included using cocaine and marijuana, ingesting Adderall without a prescription, and subterfuge of a urine specimen. The defendant stipulated to the violations. No disposition was rendered and the hearing was continued. On December 17, 2013, the defendant returned to court for judicial review. As a result of the defendant's positive strides at the time, his probation was not revoked.

         On January 8, 2015, the defendant appeared for a judicial review after violating his conditions of supervised release by using cocaine and marijuana, and failing to pay his restitution as ordered. The Court continued the defendant's term of probation with the condition that he participate in mental health referral, assessment and treatment, and complete the Positive Attitude Development (PAD) program. The defendant indicated he was willing to follow Dr. Thomas Moran's recommendation and to begin medication to assist him with his symptoms after being diagnosed as suffering from attention-deficit/hyperactivity disorder (ADHD). The defendant was also ordered to (1) meet with Dr. Moran two times per month for an hour counseling session; (2) consult with Dr. Kenneth Hermann for prescription of medication to address his ADHD diagnosis; (3) appear before the Court on May 15, 2015, so that the Court could review his compliance with the conditions of his probation, and (5) comply fully with his conditions of supervision as any future noncompliance could result in revocation of his term of probation.

         The defendant appeared for a status conference on June 3, 2015, at which time the Court was informed that the defendant was doing well and making progress in all areas other than restitution. The defendant was commended for his improved performance.

         It is alleged that the defendant then violated the mandatory conditions of his supervised release prohibiting him from committing another federal, state or local crime; and unlawfully possessing or using a controlled substance. It is also alleged that he violated Standard Condition No. 7 prohibiting him from purchasing, possessing, using, distributing or administering any controlled substances except as prescribed by a physician. On September 29, 2015, the defendant tested positive for cocaine use. On December 2, 2015, he tested positive for marijuana use. On December 15, 2015, he tested positive for cocaine and marijuana use.

         On December 16, 2015, the defendant was admitted to the Attic Residential inpatient drug treatment program. On January 29, 2016, the defendant completed this inpatient drug program.

         On July 19, 2016 the defendant submitted a random urinalysis test that was positive for cocaine. The defendant denies drug use.

         To his credit, the defendant continues to participate in outpatient mental health counseling with Dr. Moran, outpatient substance abuse treatment and testing and with the Positive Attitude Development Program (PAD).

         To his credit the defendant has come into compliance with his restitution payment schedule. He made a $500 payment on April 18, 2016 and a $1, 268 payment on April 27, 2016. He last made a $200 payment on June 16, 2016. He has not made a payment since that time. He has paid a total of $4, 568.00 as of today's date. He has a remaining balance of $69, 898.76.

         Defendant did not stipulate to the use of cocaine, but he stipulated to a Grade C violation. Defendant's counsel, however proposed an alternative to incarceration, such as a period of home detention. I will defer a ruling on the probation office's petition for review of defendant's supervised release to give the defendant an opportunity to demonstrate his commitment to change. In ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.