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United States v. Hunt

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

June 14, 2018

UNITED STATES OF AMERICA
v.
THOMAS J. HUNT, JR.

          Tracy L. Stone Assistant United States Attorney

          Bobby E. Hutson, Jr. Attorney for Defendant

          AGREED ORDER OF REVOCATION

          VARLAN, CHIEF UNITED STATES DISTRICT JUDGE

         A Petition for Revocation of Supervised Release has been filed against the Defendant, Thomas J. Hunt, Jr., and the Defendant admits that he has violated his supervised release as specified in the Petition. An agreement has been reached between the parties, recommending that the Defendant's supervised release should be revoked and that he should receive a sentence of 3 months to be by followed 36 months of supervised release. The parties request that a special condition of release be added to include "the Defendant shall reside in a halfway house or sober living facility approved by the probation office, until such time as released from the program by the probation officer."

         The parties also request that a special condition of release be added stating that "the Defendant shall submit his person, property, house, residence, vehicle, papers, [computers (as defined in 18 U.S.C. § 1030(e)(1)], other electronic communications or data storage devices or media, ] or office, to 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 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." Finally, the Defendant asks to be recommended for housing at a Bureau of Prisons facility located in close proximity to Eastern Tennessee.

         The Defendant agrees to waive the right to a hearing pursuant to Rule 32 of the Rules of Criminal Procedure, and to waive the right to allocute at a revocation hearing, and asks that the agreement of the Defendant and the government pursuant to Rule 11 of the Federal Rules of Criminal Procedure be found to be a proper sentence.

         This Court has considered the Chapter Seven policy statements in the United States Sentencing Guidelines. The Defendant's criminal history category is I. The advisory guideline range is 3 to 9 months for Grade C violations, and there is a statutory maximum of 60 months of imprisonment. The Court has also considered the factors listed in 18 U.S.C. §3553(a).

         Based on the foregoing, the Court finds that the recommended sentence is sufficient, but not greater than necessary, to accomplish the purposes set forth in 18 U.S.C. §3553(a) while taking into consideration all of those factors and the Chapter Seven policy statements.

         IT IS HEREBY ORDERED, therefore, that the Defendant's supervised release is hereby revoked. The Defendant is hereby sentenced to a term of imprisonment of 3 months to be followed by 36 months of supervised release.

         Further, while on supervised release, the Defendant shall comply with the following mandatory conditions of supervision adopted by this Court in Local Rule 83.10:

(1) The Defendant must not commit another federal, state, or local crime.
(2) The Defendant must not unlawfully possess a controlled substance.
(3) The Defendant must refrain from unlawful use of a controlled substance.
(4) The Defendant must cooperate in the collection of DNA as directed by the ...

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