United States District Court, W.D. Wisconsin
Barbara B. Crabb District Judge.
hearing on the probation office's petition for judicial
review of Micah W. Richardson's supervised release was
held on April 12, 2018, before U.S. District Judge Barbara B.
Crabb. The government appeared by Assistant U.S. Attorney
Elizabeth Altman. Defendant was present in person and by
counsel Erika Bierma. Also present was U.S. Probation Officer
Jelani Brown. From the record, I make the following findings
was sentenced in the Western District of Wisconsin on
February 10, 2009, following his conviction for distribution
of cocaine base, in violation of 21 U.S.C. § 841(a)(1)
and 18 U.S.C. § 2. This offense is a Class C felony. He
was committed to the custody of the Bureau of Prisons to
serve a term of imprisonment of 156 months, to be followed by
a three-year term of supervised release. On November 16,
2011, defendant's sentence was amended to 100 months'
imprisonment. The term of supervised release was not amended.
On December 17, 2014, defendant's sentence was amended a
second time. An 84-month term of imprisonment was imposed.
Again, the term of supervised release was not amended.
November 1, 2015, defendant began his first term of
supervised release. On May 4, 2016, he was arrested for
intimidation of a witness, battery and disorderly conduct.
While defendant was released on bail for the offenses, he was
arrested and charged with battery against the same victim. A
search of defendant's vehicle at the time of his second
arrest revealed large amounts of cocaine and heroin. On July
20, 2016, defendant's supervised release was revoked and
he was sentenced to a twelve-month term of imprisonment, to
be followed by a two-year term of supervised release. On July
22, 2017, defendant's second term of supervised release
violated Standard Condition No. 1, which prohibits him from
leaving the judicial district without the permission of the
court or probation office. He also violated Standard
Condition No. 3 of his supervised release conditions, which
requires him to answer truthfully all inquiries by the
probation officer and follow the instructions of the
probation officer. On November 3, 2017, defendant was
instructed not to return to Chicago, Illinois. He was
directed to establish a residence in the Western District of
Wisconsin. He failed to do as instructed. On November 28,
2018, defendant admitted he was cited for speeding in
Illinois during the previous week.
violated Standard Condition No. 4 of his supervised release
requiring him to abstain from the use of alcohol and illegal
drugs and from associating with drug users and sellers.
Defendant tested positive for cocaine on October 16, 2017,
and on February 9, 2018. He tested positive for marijuana on
November 28, 2017. With the exception of the marijuana test
on November 28, 2017, defendant denied drug use. It is
essential for defendant to understand that revocation is
mandatory under 18 U.S.C. § 3583(g)(4) if he submits
more than three positive tests for controlled substances in
one calendar year.
criminal history score falls within Criminal History Category
IV. With a Grade C violation, he is facing an advisory
guideline range of imprisonment of 6 to 12 months. The
statutory maximum to which defendant can be sentenced upon
revocation is two years, because his original conviction was
a Class C felony. Title 18 U.S.C. § 3583(h) authorizes
another term of supervised release to follow imprisonment if
supervised release is revoked.
it would be reasonable to find that defendant's
violations warrant revocation, I am willing to grant him
another opportunity to comply with his supervised release
conditions by imposing an alternative to revocation.
Accordingly, defendant's supervised release conditions
will be modified to include a 45-day placement in a home
detention program, which will include the use of location
ORDERED that defendant's term of supervised release be
CONTINUED as entered on July 22, 2016, with the addition of
the following special condition:
SPECIAL CONDITION OF SUPERVISION
16. Participate for a period of 45 days in a
location monitoring program that may include the
following technologies: radio frequency (RF)
monitoring, passive global positioning system (GPS)
monitoring, active GPS monitoring, or voice
recognition. Defendant shall abide by the
technology requirements implemented at the
direction of the supervising U.S. probation
officer. Defendant shall be responsible for the
cost of location monitoring. During this period,
defendant shall remain at his residence every day
from 8:30 p.m. to 6:30 a.m. Exceptions for
employment and education purposes; religious
services; medical, mental health, and substance
abuse treatment; attorney visits; court
appearances; and other activities are to be
pre-approved by the supervising U.S. probation
officer. Defendant is not to leave the Western
District of Wisconsin during his participation in
the location monitoring program without prior
permission of the court.
Based on defendant's noncompliance, including
his unwillingness to remain in the Western District
of Wisconsin while on supervised release and the
need to protect the community until he has had an
opportunity to participate fully in treatment.
is to comply with the mandatory conditions of supervised
release, along with the standard and special conditions of
supervised release imposed on July 22, 2016, which were
reasonably related to the offense of conviction, his history
and personal ...