Free Probation Form 12B - District Court of Connecticut - Connecticut

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Case 3:00-cr-00186-RNC Document 356 Filed 08/03/2006 Page 1 of 3
Form 12B ·
UNITED STATES DISTRICT COURT I
DISTRICT OF CONNECTICUT i
U.S.A. vs. SANTA MURCIA i,. :D?Qk6'%,¤NWp··%ZOOCROO186(HNC) K
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Petition For Modification of Conditions or Term of ProbationlSupervised Release ,
with the Consent of the Offender , _ `
Illilb AUG ~3 A I0- I 3
COMES NOW, Charmaine R. Harkins, PROBATION OFFICER OF THE COUFl'I},$lp`r`eset)Hng§aiijetfficial report upoit
the conduct and attitude of SANTA MURCIA who was sentenced to 14 months’ imprisonrigie§int]Qr§_dt[]Tee years supervised-
release for a violation of 18 U.S.C. § 37, Conspiracy to Commit Bank Fraud, by the Honorable Robert N. Chatigny, Chief U.S
District Judge, sitting in the court in Hartford, Connecticut, on August 31 , 2004, and imposed the general terms and condition?
theretofore adopted by the court and also imposed the special conditions and terms as follows: 1) The defendant will pa
restitution in the total amount of $49,752, jointly and severally with her co-defendants Kisasi Green and Troy Moodyii
Restitution will be paid to First County Bank at the rate of $100 per month, interest on the restitution is waived; 2) Th I
defendant will authorize the release to the probation office of any requested financial information by signing an appropriatgi
release form; 3) The defendant will not incur new credit charges or open additional lines of credit without prior approval of th I
probation office; and 4) The defendant will participate in a program of mental health evaluation, counseling and treatment underi
the direction of the Probation Office. The defendant shall pay all, or a portion of, the costs associated with any such treatmeny
based on her ability to pay, in an amount to be determined by the probation office. , I
Ms. Murcia began supervision on October 27, 2004. i `
FIESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT AND FOR CAUSE AS FOLLOWS:
On July 17, 2006, the probation office in the Southern District of New York submitted a letter outlining the following: i
Charge No. 1: Standard Condition No. 4 - "The defendant shall not leave the iudicial district without the permission of the Coi.:1
or probation otiicer." On May 25, 2006, Ms, Murcia traveled to Puerto Rico with her mother. Ms. Murcia did not obtain prio ·
approval from the Court before leaving the district. I
Charge No. 2: Special Condition No. 1 - "The defendant will pay restitution in the total amount of $49,752, iointly and severally ,
with her cc-defendants Kisasi Green and Troy Moody. Restitution will be paid to First County Bank at the rate of $100 pen
month, interest on the restitution is waived." Ms. Murcia has not fulfilled her court ordered obligation to make $100 monthly
restitution payments. She has remitted two payments in this amount and recently began submitting $50 payments to the
CIerk’s Office. The completion of a financial affidavit has determined that Ms. Murcia is capable of paying the required $1 001
Ms. Murcia is currently in arrears of $1,750 and her current restitution balance is $49,402. I
Continued on page 2
PRAYING THAT THE COURT WILL ORDER that this petition will serve:
III To extend the term of probationfsupervised release for years, for a total term of years. I I
l To modify the conditions of supervision as follows:
The defendant shall be placed on home confinement with electronic monitoring for a period of six months. The defendant shall-
be responsible for a portion ofthe costs associated with electronic monitoring. , i
Defense Counsel Mathew Collins and Assistant U.S. Attorney Mike Gustafson agree to this modification andthe Waiver of I
Hearing Form is attached. i
•/{ . I I
ORDER OF COURT f Respectfully Submitted, I I
Considered and ordered this day of August 2006 and - /67 / { y I
ordered filed and made a part of the re ords in the above ’C,· i
case. H /9` Charmaine R. Harkins I
United States Probation Officer , i
L ll lr Place: Hartford, Connecticut
The onorable Robert N. Chatigny 3 .
Chief United States District Judge Date: - · 9"—‘J"U {
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Case 3:00-cr—OO186-RNC Document 356 Filed 08/O3/2006 Page 2 of 3 I
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Continued g
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I Char e No. 3: S ecial Condition No. 3 - "The defendant will not incur new credit char es or o en additional lines of credi
without rior a roval of the robation office." On May 31, 2006, a credit report revealed that Ms. Murcia opened a Dell ‘
computer account in August 2005. The probation officer confronted Ms. Murcia after it was discovered during a home visit
that she was in possession of a Dell projector and screen. p
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Case 3:00-cr—OO186—FlNC Document 356 Filed 08/O3/2006 Page 3 of 3
mos 49
Waiver of Hearing to Modify Conditions
of Supervised Release i
UNITED STATES DISTRICT COURT
for the p
SOUTHERN DISTIRICT OF NEW YORK
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Ihave been advised and understand that I am entitled by law to a hearing and assistance i
of counsel before any unfavorable change may be made in my Conditions of Supervised Release.
By ‘assistance of counsel’, I understand that I have the right to be represented at the hearing by
counsel of my own choosing if I am able to retain counsel. I also understand that I have the right t
to request the Court to appoint counsel to represent me at such a hearing at no cost to myself if I it
am not able to retain counsel of my own choosing. . l
I hereby voluntarily waive my statutory right to a hearing and to assistance of counsel. I Q
also agree to the following modification of my Conditions of Supervised Release:
Six (6) months home confinement with electronic monitoring. The releasee will be p
responsible for a portion of the costs associated with electronic monitoring. r
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Witness: _ F > Signed: L [ ( ( '
U.S. Probation Officer Prob tioner or Supervised Rele e l
7;./3 gm. y
DATE
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