United States District Court, W.D. Wisconsin
hearing on the probation office's petition for a judicial
review of Christopher Glasper's supervised release was
held on November 20, 2019, before U.S. District Judge William
M. Conley. Assistant U.S. Attorney Tim O'Shea appeared
for the government. Defendant was present in person and by
defense counsel Jeffrey Nichols. U.S. Probation Officer
Nicole Schultz was also present.
the record, I make the following findings of fact. Following
his conviction for felon in possession of ammunition in
violation of 18 U.S.C. 922(g)(1), a Class C felony, after
pointing a gun at another person at a bus stop for purposes
of intimidation, the Honorable Lynn S. Adelman sentenced the
defendant to 70 months in prison on April 15, 2014, to run
concurrently with any sentence imposed in Dane County Case
No. 13-CF-1669, with a three-year term of supervised release
to follow. The defendant's term of supervised release
commenced on November 30, 2018.
defendant violated the mandatory condition prohibiting him
from committing another federal, state, or local crime.
Specifically, on July 23, 2019, the defendant was arrested by
members of the Madison, Wisconsin, Police Department for
domestic disorderly conduct and domestic criminal damage to
property in Dane County Court Case No. 19-CM-1794. The
defendant is expected to plead guilty to those offenses at a
hearing scheduled in state court on December 9, 2019, at 2:45
p.m. On November 5, 2019, the defendant was also cited by the
Madison Police Department for possession of cannabis,
approximately 20 grams, after he consented to a search of his
vehicle. This behavior would also violate the mandatory
condition prohibiting him from possessing a controlled
addition, the defendant violated the special condition
requiring that he abstain from the use of illegal drugs,
refrain from the use of alcohol and from associating with
drug users and sellers, as well as participate in substance
abuse treatment. The defendant was also required to submit to
drug testing beginning within 15 days of his release, with 60
drug tests annually to follow. On October 15, 2019, the
defendant provided a urine sample which tested positive for
amphetamines and marijuana. The results of that test was also
confirmed positive by a national testing laboratory. Since
December 2018, the defendant also failed to appear for random
drug testing on 22 occasions. In addition, on November 13,
2019, the defendant failed to report to Attic Correctional
Services, Inc. for a drug test as specifically instructed by
his probation officer. This failure also violated Standard
Condition No. 3 requiring that the defendant follow the
instructions of the probation officer. On September 5 and
October 1, 2019, the defendant also violated Standard
Condition No. 3 by failing to appear for a scheduled
appointment with the probation officer.
defendant next violated Standard Condition No. 5 requiring
that he work regularly at a lawful occupation. Despite
unusually good opportunity for employment in the greater
Madison area, the defendant has not been gainfully employed
since July 2, 2019.
the defendant violated Standard Condition No. 11 requiring
that he notify the probation officer within 72 hours of being
arrested or questioned by a law enforcement officer.
Specifically, on October 8, 2019, the defendant had police
contact yet failed to notify his probation officer.
to 18 U.S.C. § 3583(g)(1) and (3), revocation is
mandatory if a defendant with a prior drug conviction
possessed a controlled substance while on supervised release
and refused to comply with drug testing. As set forth above,
the defendant possessed controlled substances when he used
marijuana and amphetamines, resulting in his positive
toxicology screen on October 15, 2019; he also failed to
comply with drug testing; and he was cited for possession of
defendant's criminal history score falls within Criminal
History Category VI. When coupled with a Grade B violation,
his advisory guideline range is 21 to 27 months. While the
defendant's Grade B violations, including possession of
cannabis and amphetamines, trigger mandatory revocation, the
defendant reports that he is willing to comply with his
conditions of supervised release and work with the probation
office, leaving at least the possibility of a discretionary
finding under 18 U.S.C. § 3583(d).
reviewing the written submissions of the probation office and
considering the arguments of the parties, including
defendant's statements, I find that revocation is
warranted. However, an alternative is available to the
defendant to provide him with an opportunity to regain
compliance with his conditions of supervision. Accordingly,
the court will stay this proceeding and allow the defendant
to participate in a location monitoring program, including
GPS for a period of 90 days and home detention.
ORDERED that the period of supervised release is CONTINUED.
The judicial review hearing will be held in abeyance until
such time as the defendant completes a location monitoring,
including GPS program for a period of 90 days and home
detention. If at any time during the 90-day period, the
supervising U.S. Probation Officer believes that the
defendant is not substantially complying with the conditions
of his supervised release, the court is to be notified and an
expedited hearing will be set to revisit the mandatory
revocation provisions of 18 U.S.C. § 3583(g)(1) and (3).
Consistent with the petition for review and this court's
rulings today, the following mandatory, standard, and special
conditions of supervision are imposed.
Conditions -18 U.S.C. $ 3563(a) and 18 ...