United States District Court, E.D. Tennessee, Greeneville
Smith Assistant U.S. Attorney.
Samantha J. Beecham Defendant.
Michael A. Newland U.S. Probation Officer.
C. Pierce Attorney for Defendant.
AGREED ORDER OF REVOCATION
Leon Jordan United States District Judge.
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.
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.
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 ...