Free Motion to Modify Conditions of Release - District Court of Delaware - Delaware

· Case 1 :05-cr-00020-SLR Document 32-2 Filed 05/13/2008 Page 1 “
A Z J
PROB 12C}
(Rev. 3/97]
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
vs. ) Criminal Action No. l:05CR00020 &
) 1:05CR00066
Joseph Destefano )
)
Defendant )
Petition on Probation and Supervised Release
COMES NOW John G. Selvaggi Probation Officer of the Court presenting an official report upon the
conduct and attitude of Joseph Destefano , who was placed on supervision by the Honorable Kent A. Jordan sitting
in the court at Wilmington, Delaware on the @ day of October, 2005 , who fixed the period of supervision at Q
years, and imposed the general terms and conditions theretofore adopted by the Court, and the following special
conditions:
1. The defendant shall participate in a drug aftercare treatment program which may include urine
·’ testing at the direction of the probation officer.
r · 2. The defendant shall make restitution in the amount of $5,668.00.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT AND FOR CAUSE AS FOLLOWS:
’_;,_; (If short insert here; if lengthy write on separate sheet and attach)
According to the defendant’s supervising U.S. Probation Officer, the defendant has submitted positive drugs
screens for ecstasy, marijuana, and cocaine. Additionally, he is delinquent on his monthly restitution
payments. He agreed to serve a 45-day of ho1ne detention with electronic monitoring as an appropriate
sanction.
PRAYING THAT THE COURT WILL ORDER that the conditions of supervised release be modified, and that
Joseph Destefano be ordered to serve a 45-day term of home confmement with electronic monitoring. Costs of the
home confinement are to be paid by the defendant. Additionally, the defendant shall disclose all financial
information to the U.S. Probation Office as directed.
ORDER OF COURT I declare under penalty of perjury the foregoing
is true correct,
Considered and ordered this 6-His day of -
lglgd, , 20 ci .
E ib g S puty Chief U.S. obation O cer
U-S District udev pim Wilmington, nerawm
Date May I3, 2008

Case 1:05-cr-00020-SLR Document 32-2 Filed 05/13/2008 Page 2 of 2
QPROB 49
(NYEP-IO/28/05)
United States District Court
Disrmcr or DELAWARE
Waiver of Hearing to Modify Conditions
of Probation/Supervised Release or Extend Term of Supervision
I have been advised and understand that I am entitled by law to a heating and the assistance
of counsel before any unfavorable change(s) may be made in my conditions of Probation and/or
Supervised Release or before my period of supervision can be extended. By assistance of
counsel, " I understand that I have the right to be represented at a hearing by counsel of my
choosing if I am able to retain counsel. I also understand that I have the right to request that the
Court appoint counsel to represent me at such a hearing at no cost to myself if I am not able to
retain counsel. "
I hereby voluntarily waive my statutory right to a hearing and to the assistance of counsel.
I also hereby agree to the following modification (s) of my conditions of Probation and/or
Supervised Release or to the proposed extension of my term of supervision: ‘
For a period of 45 Days days, the defendant shall remain in his or her home of record.
The defendant is only authorized to leave for employment or other necessary activities with the
approval, in advance, ofthe Probation Department. The home confinement period shall
commence on a date approved by the Probation Department. While serving the period of home
confinement, the defendant shall wear an electronic monitoring bracelet or similar tracking
device and follow all requirements and procedures established for Home Confinement by the
Probation Department and the Administrative Office of US. Courts. In addition, the defendant
shall pay the costs of home confinement, including the price of electronic monitoring equipment,
to the degree he or she is reasonabb able. The defendant shall disclose all financial
information and documents to the Probation Department to assess his or her ability to pay.
r
/ 1 `
Witness: ` Signed: i \.. UAB
U. . Probation Officer robati er or Supervised Re asee
J; age 8
ate