3:09-cr-00146 | M.D. Tenn. | Oct 20, 2014
PROB 12B
(REVISED 5/2011)
United States District Court
for
Middle District of Tennessee
Petition to Modify the Condition or Term of Supervision
Name of Offender: Richard Wayne Wilson Case Number: 3:09-00146
Name of Sentencing Judicial Officer: Honorable William J. Havnes, Jr., United States District Jud,qe
Date of Original Sentence: November 20 2009
Original Offense: 18 U.S.C. § 2113(a) Bank Robbervll$ counts)
Original Sentence: 44 months’ custody and three vears’ supervised release
Type of Supervision: Supervised Release Date Supervision Commenced: February 22, 2013
Assistant U.S. Attorney: To be determined Defense Attorney: Isaiah Gant
PETITIONING THE COURT
l To modify the release conditions as follows:
The defendant shall participate in a substance abuse treatment assessment and comply with any
subsequent treatment recommended by treatment staff, to include outpatient or inpatient treatment.
The defendant shall pay for the cost of treatment services, to the extent he is able, as determined by
the probation officer.
THE COURT ORDERS: I declare under penalty of perjury that
|:l No Action the foregoing is true and correct.
l:l The extension of supervision as noted above. Respectfully submitted,
|:| The modification(s) as noted above.
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Considered this o?@?lday of wl , 2_1_4, MM\-’\
and made a part of the records in the above ease. _
Brltton Shelton
U.S. Probation Officer
Al/€,Q M~ Place Nashville,Tennessee
N
William éH§ynes, .
U.S. District Judge Date October 3, 2014
Petition to Modify the Condition Page 2
or Term of Supervision
ALLEGED VIOLATIONS
The probation officer believes that the offender has violated the following condition(s) of supervision:
Violation No. Nature of Noncompliance
1. The defendant shall refrain from any unlawful use of a controlled substance.
On September 15, 2014, Mr. Wilson tested positive for cocaine. He denied having used any
illegal drug, but could offer no explanation for the positive result. Mr. Wilson attempted to
attribute the positive test to a medical condition and possible effects from prescription
medications, based on what he had read on the internet, however, the cocaine positive was
confirmed as such by the testing laboratory
Comp_liance with Supervision Conditions and Prior Interventions:
Richard Wayne Wilson is employed on a full-time basis and lives in an apartment with his girlfriend in
Smyrna, Tennessee. He began his term of supervised release on February 22, 2013, and his supervision is
currently scheduled to terminate on February 21, 2016. He has a special condition of supervised release
ordering him to submit to drug testing, but no condition for substance abuse treatment. Following his most
recent positive drugtest, the probation officer recommended Mr. Wilson consider substance abuse treatment,
but Mr. Wilson declined any need for treatment, claiming it Would be of no use as he had not used cocaine.
On April 7, 2014, a report was submitted to the Court noting Mr. Wilson tested positive for cocaine on March
25, 2014. Mr. Wilson claimed he had been at a funeral with some former associates and attributed his
positive drug test to someone putting something into his drink or food. No action Was ordered by the Court
at that time. Mr. Wilson’s drug testing Was increased and he had no positive drug tests until September 15.
U.S. Probation Officer Recommendation:
Given this is Mr. Wilson’s second positive drug test for cocaine this year and he has a history of substance
abuse issues, per his presentence investigation where his previous cocaine use was described as “recreational
and sporadic”, it is recommended that his special conditions be modified as indicated in this petition. The
U.S. Attorney’ s Office has been advised of Mr. Wilson’ s noncompliance and concurs the probation officer’s
recommendation for modification of the release conditions.
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Approved:
im P@{i£le
Deputy Chief U.S. Probation Officer