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

Case 1 :04-mj—00058-M PT Document 3 Filed 07/20/2005 Page 1 of 3
mzoa l2
(Rev 02/94)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
vs. ) Criminal Action No. 04-58M
)
Sandra Ebner, )
)
Defendant. )
Petition on Probation and Supervised Release
COMES NOW Thomas F. Carey Probation Officer of the Court presenting an official report upon the conduct and
attitude of Saggra Ebner, who was placed on supervision by the Honorable Susan K. Gauvey, sitting in the court at Baltimore,
MD on the 2Qth day of Februag; 2004, who fixed the period of supervision at two years , and imposed the general terms and
conditions theretofore adopted by the Court and also imposed special conditions and terms as follows:
1. The defendant shall satisfactorily participate in a treatment program approved by the probation officer relating to
substance and/or alcohol abuse, which may include evaluation, counseling, and testing as deemed necessary by the
probation officer.
2. The defendant shall satisfactorily participate in a vocational or educational program as directed by the probation officer.
3. The defendant shall pursue and maintain employment as approved by the probation officer.
4. The defendant shall perform 50 hours of community service as directed by the probation officer.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT AND FOR CAUSE AS FOLLOWS:
(lf short insert here; if lengthy write on separate sheet and attach)
Standard Cgngition #7: The defendant shall refrain from the excessive use of alcohol
Evidence: On May 27, 2005, Sandra Ebner submitted to a random breathalyzer test administered by Kent County Counseling.
The test registered a .13% BAC.
PRAYIN G THAT THE COURT WILL ORDER ...that the current conditions of supervision be modified to require the
defendant to abstain from the use of alcohol and submit to random alcohol testing in her residence using a remote alcohol
detection device. The defendant shall maintain a telephone line in her residence, and testing will be conducted at Govemment
expense.
ORDER OF COURT I declare under penalty of perjury the foregoing is true and
correct,
So ordered this vw day f'
of t 05.
J I. · Probation Office
Magisifaw Jude Place Dover, Delaware
Date June 23, 2005

Case 1:04-mj—00058-MPT Document 3 _Fi|ed 07/20/2005 _ Page 2 of 3
I have been advised and understand that I am entitled by law to a hearing and assistance of
counsel before any unfavorable change may be made in my Conditions of Probation and
Supervised Release or my period of supervision being extended. 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 to request the court to appoint
counsel to represent me at such a hearing at no cost to myself if I am not able to retain counsel of
my own choosing.
I hereby voluntarily waive my statutory right to a hearing and to assistance of counsel. I
also agree to the following modification of my Conditions of Probation and Supervised Release or
to the proposed extension of my term of supervision:
The defendant shall abstain from any alcohol use.
The defendant shall submit to random alcohol testing in her residence using a remote alcohol
detection device. The defendant shall maintain telephone service at her residence. The cost
associated with the testing l be paid by the Government.
Witness: Signed: ;2)g Oc CM C! E gi in
U.S. Probation Officer Probationer or Supervised Releasee
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Case 1 :04-mj—00058-MPT Document 3 Filed 07/20/2005 Page 3 of 3
MODIFICATION OF PROBATION/SUPERVISED RELEASE CONDITIONS
RE: Name Sandra Ebner Cr. Docket No. 04-5 8M (M QT)
at » Consistent with the Federal Rules of Criminal Procedure, 32. l(b), notice is being given to the
United States Attorney that the U.S. Probation Office intends to recommend to the Court that the
conditions of probation or supervised release of the above-named individual be modified by the
addition or revision set forth in the attached memorandum or proposed order. With respect to the
proposed modification or revision, the United States Attomey may object or comment within ten
working days of this notice. The proposed modification will be submitted to the Court without
further notification, if a response is not received within the stated period. The individual on
probation or supervised release has agreed to the modification or revision and/or has waived
his/her rights to a hearing on this matter.
Date Q/J3/é Us1>o
Date Q; ii/@ sUs1>o `§7?%» , ~ ·’
To Be Completed by the Assistant United States Attorney:
K _ I have no objection to the proposed modification and/or revision of the conditions.
I object to the proposed modification and/or revision of the conditions.
Comments:
W ·
Date Assistant U.S. Attorney A
Please return to the U.S. Probation Office
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