Free Order - District Court of Connecticut - Connecticut


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Date: January 31, 2006
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State: Connecticut
Category: District Court of Connecticut
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, . I Case 3:00-cr-00146-CFD Document 23 Filed O1/30/2006 Page 1 of 3
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UNITED STATES DISTRICT COURT 3 . 1
Ii DISTRICT OF CONNECTICUT Q I I
I ITED STATES OF AMERICA ) I _ ‘.c’ I
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I vs. ) Criminal N0. 3:00CR00l46(CFD) i
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D · I ID ALLEN MATTHEW PAYNE )
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ORDER FINDING VIOLATION OF SUPERVISED RELEASE AND I
I MODIFYING SPECIAL CONDITIONS OF SUPERVISED RELEASE ,
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I The above-named, after pleading guilty before the Honorable Robert F. Kelly, United I
St fIed District Judge, in the Eastem District of Pennsylvania, appeared before the Court for
se ` Iencing on September 16, i999, for a violation of I 8 U.S.C. § 1343, Wire Fraud, and was
se I nced to serve I3 months’ confinement with 36 months’ supervised release to follow, with
th =· Ipecial condition requiring the defendant to undergo mental health treatment and to pay I
I re Itution in the amount of $33,430.34 to the Kellogg Corporation. The defendant was released ;
I •· I imprisonment on March I0, 2000, and began the 36—month supervised release term. On
I A ul 19, 2000, jurisdiction was transferred to the District of Connecticut and assigned to the I
H orable Christopher F. Droney, United States District Judge, at Hartford, Connecticut, under
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D Iket Number 3:00CROOI46(CFD).
The supervised releasee was presented before this Court on November l, 2000, to answer
to Ie charge that he violated the conditions of his supervised release as cited in a Petition on
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I Pr a tion and Supervised Release dated August 3, 2000. The supervised releasee was
r • Iesented by Assistant Federal Public Defender Gary D. Weinberger and admitted to the I
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" _ . Case 3:00-cr-00146-CFD Document 23 Filed O1/30/2006 Page 2 of 3 I
vi Igation as charged. The Court found the supervised releasee in violation of the terms and
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co Izlrtrons of supervised release and scheduled the imposition of sentence for January 29, 2001. I
Therefore, on January 29, 2001, the Court, after having found that the supervised releasee
ha Iin fact violated the conditions of supervision as cited in the Petition on Probation and
S Iervrsed Release, ordered that the supervised release of Mr. Payne be revoked and that he be I
I co limitted to the custody of the Bureau of Prisons for 4 months, to run consecutive to the P
I se I gence of imprisonment also imposed on this date under Docket Number 3 :00CR00236(CFD). I
T - · Court also re-imposed a term of supervised release of 3l months and l week, with its
I o ` ?`nal terms and conditions, to run concurrently with the 36-month term of supervised release I
I im ; Iosed in Docket Number 3:00CR00236(CFD). The defendant was released from
I im Iisonment on September 28, 2001, at which time his supervised release commenced. I
The supervised releasee was presented before this Court on April 14, 2003, to answer to
th =- Izharge that he violated the conditions of his supervised release as cited in an amended
Pe Iion on Probation and Supervised Release dated April 3, 2003. The supervised releasee was
I re I sented by Assistant Federal Public Defender Gary D. Weinberger and admitted to the
I vi Iation charged in counts one through five. The Court found the supervised releasee in
vi • Irtion ofthe terms and conditions of supervised release and revoked supervision. I
Therefore, on April 14, 2003, the Court, after having found that the supervised releasee I
ha fact violated the conditions of supervision as cited in charges one through tive of the 2
Pe Iion on Probation and Supervised Release, ordered that the supervised release of Mr. Payne
be Ievoked and that he be committed to the custody of the Bureau of Prisons for 18 months, to
ru IIconcurrent to the sentence of imprisonment also imposed on this date under Docket Number
3: § CR00236(CFD). The Court also re-imposed a term of supervised release of l2 months, with
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I “ I Case 3:00-cr-00146-CFD Document 23 Filed O1/30/2006 Page 3 of 3
its riginal terms and conditions, but for the monthly restitution amount which was reduced to
$1 to run concurrently with the l2- month term of supervised release imposed in Docket l
N ber 3:00CR00236(CFD). The defendant was released from imprisonment on June 18, 2004,
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I at Ehich time his supervised release recommenced. l
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I The supervised releasee was presented before this Court on December 20, 2005, to
I er to the charge that he violated the conditions of his supervised release as cited in a Petition
I on robation and Supervised Release dated June I5, 2005. The supervised releasee was I
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E r ·. Qesented by Assistant Federal Public Defender Gary D. Weinberger. On this date the [
su Il Iiawised releasee admitted to the violations charged and the Court found the supervised
rel PSGC In violation of the terms and conditions of supervised release. I
I Therefore, on December 20, 2005, the Court, after having found that the supervised
rel asee had in fact violated the conditions of supervision as cited in the Petition on Probation
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I an ·· IlSuperv1sed Release, ordered that the supervrsed release of Mr. Payne be continued for 12
I m liths. The Court ordered that restitution shall be paid at the rate of $200 per month. The
orl linal terms and conditions of supervision are to remain in effect. I
IT IS so ORDERED.
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-; H ISTD·P·I'l‘ER E. DRBHHIGNE-X7
UNITED STATES DISTRICT JUDGE
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