United States District Court, E.D. Tennessee, Greeneville
GREGORY BOWMAN ASSISTANCE U.S. ATTORNEY
WENDELL ROGER THOMAS DEFENDANT
B. SHIPLEY ATTORNEY FOR DEFENDANT
AGREED ORDER OF REVOCATION
Honorable R. Leon Jordan United States District Judge.
Petition for Revocation of Supervised Release has been filed
against the defendant, Wendell Roger Thomas, and the
defendant admits that he has violated the conditions of his
supervised release as specified in violation numbers 1-6 in
the Petition. An agreement has been reached between the
parties, recommending that Mr. Thomas's supervised
release should be revoked and that he should receive a
sentence of twelve (12) months and one (1) day imprisonment
followed by two (2) years of supervised release. Mr. Thomas
requests that he serve the remainder of his sentence at FCI
Manchester in Kentucky.
Thomas agrees to waive his right to a healing pursuant to
Rule 32 of the Rules of Criminal Procedure, waive his 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. In doing so, the defendant
acknowledges that he is giving up die following rights:
(1) The right to the assistance of counsel for his defense.
(2) The right to see and hear all the witnesses and have them
cross-examined in his defense.
(3) The right on his own part not to testify unless he chose
to do so in his defense, and
(4) The right to the issuance of subpoenas to compel the
attendance of witnesses to testify on his behalf.
Court has considered the Chapter Seven policy statements in
the United States Sentencing Guidelines. The violations above
constitute Grade B and C violations for which an advisory
guideline range of 18 to 24 months would apply given his
Criminal History Category V. The Court has considered this
advisory guideline range. The Court has also considered the
statutory maximum of 24 months imprisonment. The Court has
also considered the factors listed in 18 U.S.C. §
on the foregoing, the Court finds that the recommended
sentence is sufficient, but not greater than necessary, to
comply with 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. Specifically, the
Court finds that the defendant has admitted that the proof
could establish by a preponderance of the evidence that he
committed the violations as specified in violation numbers
1-6 in the Petition.
HEREBY ORDERED, therefore, that the defendant's
supervised release is hereby revoked. The defendant is hereby
sentenced to twelve (12) months and one (1) day imprisonment
followed by two (2) years of supervised release. The Court
will also recommend that Mr. Thomas serve the remainder of
his sentence at FCI Manchester in Kentucky. While on
supervised release, the defendant shall ...