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United States v. Beecham

United States District Court, E.D. Tennessee, Greeneville

January 11, 2017

UNITED STATES OF AMERICA
v.
SAMANTIIA J. BEECHAM

          Helen Smith Assistant U.S. Attorney.

          Samantha J. Beecham Defendant.

          Michael A. Newland U.S. Probation Officer.

          Nikki C. Pierce Attorney for Defendant.

          AGREED ORDER OF REVOCATION

          Hon. Leon Jordan United States District Judge.

         A Petition for Revocation of Supervised Release has been filed against the defendant, Samantha J. Beecham, and the defendant admits that she has violated the conditions of her supervised release. Jt is recommended that the defendant serve the incarceration term at FCI Hazelton. It is also recommended that the Bureau of Prisons provide all available halfway house placement to Ms. Beecham to aid in her transition into the community. An agreement has been reached between the parties recommending that Ms. Beecham's supervised release should be revoked and that she should receive a sentence often (10) months incarceration to be followed by three years of supervised release, subject to the same standard, general, and special conditions previously imposed, with the following added special condition:

The defendant shall submit his or her person, property, house, residence, vehicle, papers, [computers (as defined in Title 18 U.S.C. § 1030(e)(1), other electronic communications or data storage devices or media, ] or office, to a search conducted by a United States probation officer or designee. Failure to submit to a search may be grounds for revocation of release. The defendant shall warn any other occupants that the premises may be subject to searches pursuant to this condition. An officer may conduct a search pursuant to this condition only when reasonable suspicion exists that the defendant has violated a condition of his/her supervision and that the areas to be searched contain evidence of this violation. Any search must be conducted at a reasonable time and in a reasonable manner.

         Ms. Beecham agrees to waive her right to a hearing pursuant to Rule 32 of the Rules of Criminal Procedure, waive her right to allocute at a revocation hearing, and asks that the agreement -i of the defendant and die government pursuant to Rule 11 of the Federal Rules of Criminal Procedure be found to be a proper sentence. In doing so, the defendant acknowledges diat she is giving up the following rights:

(1) The right to the assistance of counsel for her defense.
(2) The right to see and hear all the witnesses and have them cross-examined in her defense.
(3) The right on her own part not to testify unless she chose to do so in her defense, and
(4) The right to the issuance of subpoenas to compel the attendance of witnesses to testify on her behalf.

         Ms. Beecham stipulates to the following violations that can be proven by the government by a preponderance of the evidence:

1 Standard Condition No. 2: The defendant shall report to the probation officer in a maimer and frequency directed by ...

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