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United States v. Glasper

United States District Court, W.D. Wisconsin

November 20, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
CHRISTOPHER GLASPER, Defendant. STANDARD CONDITIONS OF SUPERVISION JUSTIFICATION

          ORDER

         A 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.

         FACTS

         From 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.

         The 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 substance.

         In 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.

         The 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.

         Finally, 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.

         According 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 cannabis.

         The 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).

         CONCLUSIONS

         After 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.

         ORDER

         IT IS 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.

         Mandatory Conditions -18 U.S.C. $ 3563(a) and 18 ...


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