USA v. Addison et al

OCR transcription for search; preserved printed pages are authoritative

WD/NC (Rev, 5/2020) Agreed Order

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA

UNITED STATES OF AMERICA }
)
v. )y Criminal Case No. 0419 3:17CR00134-
004
)
Freddrec Deandre Banks )
Defendant )

AGREED ORDER AND JUDGMENT
TO REVOKE SUPERVISED RELEASE

Upon petition of the U.S. Probation Office, joined herein by the United States and the
defendant, to revoke the supeivised release of defendant Freddrec Deandre Banks and for good

cause shown therein, and also based on agreement of the parties as set forth herein:

AGREEMENT OF UNITED STATES AND DEFENDANT
The defendant agrees and stipulates that he/she has violated the terms and conditions of
supervised release in the following respects:
1, DRUG/ALCOHOL USE (Date violation concluded: 2/27/2020).
The defendant has violated the condition of supervision that states, "The defendant shall
refrain from excessive use of alcohol and shall not unlawfully purchase, possess, use,
distribute or administer any narcotic or controlled substance or any psychoactive
substances (including, but not limited to, synthetic marijuana, bath salts) that impair a
person’s physical or mental functioning, whether or not intended for human consumption,
ot any paraphernalia related to such substances, except as duly prescribed by a licensed
medical practitioner," in that, on 9/26/2019, a urine sample was collected from the
defendant that yielded a positive result for marijuana, At the time of collection, the

defendant admitted to using marijuana on 9/20/2019,
; .

INFORMATION

GPO

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WDINC (Rev. 5/2020) Agreed Order

On 10/4/2019, a urine sample was collected from the defendant that yielded a positive
result for marijuana. When confronted with the positive results, the defendant admitted to
using marijuana on 10/3/2019,
On 11/27/2019, a urine sample was collected from the defendant that yielded a positive
result for marijuana. When confronted with the positive results, the defendant admitted to
using marijuana on 11/27/2019.
On 12/10/2019 and 12/20/2019, utine samples were collected from the defendant that
yielded positive results for marijuana. When confronted with the positive results, the
defendant admitted to using marijuana on 12/10/2019.
On 2/27/2020, when questioned by the United States Probation Officer about illegal
substance use, the defendant submitted a written and verbal admission to using marijuana
on or about 2/19/2020. - GRADE C VIOLATION

2, FAILURE TO COMPLY WITH DRUG TESTING/TREATMENT

REQUIREMENTS (Date violation concluded: 3/16/2020).

The defendant has violated the condition of supervision that states, "The defendant shall
participate in a program of testing for substance abuse if directed to do so by the probation
officer. The defendant shall refrain from obstructing or attempting to obstruct or tamper,
in any fashion, with the efficiency and accuracy of the testing. If warranted, the defendant
shall participate in a substance abuse treatment program and follow the rules and
yegulations of that program. The probation officer will supervise the defendant’s
participation in the program (including, but not limited to, provider, location, modality,
duration, intensity) (unless omitted by the Court)," in that, the defendant was referred to

Phoenix Counseling Center for substance abuse treatment in November 2019, The

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WDINC (Rev, 5/2020) Agreed Order

defendant has consistently failed to attend classes as instructed by missing multiple classes
pet week, The defendant has failed to follow the rules and regulations of the program by
continuing to use illegal substances, failing to engage and patticipate in class when present
and attempting to falsify a urinalysis. - GRADE C VIOLATION
3. FAILURE TO COMPLY WITH DRUG TESTING/TREATMENT
REQUIREMENTS (Date violation concluded: 3/16/2020),
The defendant has violated the condition of supervision that states, "The defendant shall
patticipate in a program of testing for substance abuse if directed to do so by the probation
officer, The defendant shall refrain from obstructing or attempting to obstruct or tamper,
in any fashion, with the efficiency and accuracy of the testing. If warranted, the defendant
shall participate in a substance abuse treatment program and follow the rules and
regulations of that program. The probation officer will supervise the defendant's
participation in the program (including, but not limited to, provider, location, modality,
duration, intensity) (unless omitted by the Court)," in that, on 3/16/2020, the defendant
tampered with the efficiency and accuracy of the testing for substance abuse by being found
with a bottle of urine at Phoenix Counseling Center immediately following a urinalysis
collection, - GRADE C VIOLATION
The partics stipulate, pursuant to Chapter 7 Policy Statements, U.S. Sentencing Guidelines,
that the defendant’s violation is a maximum Grade C and that the defendant has a Criminal History
Category of IV.
The parties stipulate, based on U.S.S.G. §7B 1.4, that the Guidelines range of imprisonment |
for a Grade C violation and a Criminal History Category of IV is a term of imprisonment from 6

to 12 months.

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WD/NC (Rev. 5/2020) Agreed Order

The parties agree, pursuant to Rules 11(c)(1)(C) and 32.1, Federal Rules of Criminal
Procedure, that the Court should revoke supervised release and order the defendant to be
imprisoned for a period of 6 months. Ifthe Court rejects this sentencing agreement, the defendant
has the right to withdraw from this Agreed Order and have an evidentiary hearing on the petition
for revocation of supervised release.

DEFENDANT’S ACKNOWLEDGMENT AND WAIVER

The defendant acknowledges that he/she is admitting the violations of supervised release
because he/she did, in fact, violate the conditions of supervised release set forth above.

The defendant acknowledges that he/she has had an opportunity 1) to review the written
notice of the alleged violations of supervised release and 2) to review the evidence against him/her
related to those alleged violations.

The defendant further acknowledges that he/she is aware of the following rights and is
knowingly waiving these rights in exchange for the agreed sentence:

1) The opportunity to appear personally, present evidence, and question adverse witnesses

at a revocation hearing; and

2) The opportunity to make a statement personally to the Court in mitigation of sentence

and to present mitigating evidence to the Court.

If the Court accepts the agreed sentence, the defendant knowingly waives the right to
contest the revocation of supervised release and the defendant’s sentence in any appeal or post-
conviction action, Claims of (1) ineffective assistance of counsel and (2) prosecutorial
misconduct, and those claims only, are exempt from this waiver.

The defendant acknowledges that the Court may impose conditions of supervised release

different from or in addition to those that were imposed in the original sentencing order.

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WDINC (Rey. 5/2020) Apreed Order

AGREED SENTENCE

Upon agreement of the parties as set forth above, it is hereby ORDERED that the
previously imposed period of supervised release is REVOKED.

It is further ORDERED that the defendant Freddrec Deandre Banks be and is hereby
SENTENCED to a term of imprisonment of SIX (6) months on Count 1s ofthe Judgement entered
on August 28, 2018.

It is further ORDERED that the defendant be and is hereby ORDERED to serve an
additional term of supervised release of 24 months after being released from the sentence of
imprisonment ordered herein,

It is further ORDERED that during the additional term of supervised release, the defendant
must abide by the following mandatory and standard conditions that have been adopted by this

Court, as well as the following agreed upon special conditions of supervised release:

Mandatory Conditions:

The defendant shall not commit another federal, state, or local crime.
The defendant shall not unlawfully possess a controlled substance.

3. 'The defendant shall refrain from any unlawful use ofa conttolled substance. The defendant shall
submit to one drug test within 15 days of release from imprisonment and at least two periodic
drug tests thereafter, as determined by the Court, unless the condition of mandatory drug testing
is waived below.

Check if waived: U) The condition for mandatory drug testing is suspended based on the Court's
determination that the defendant poses a low risk of future substance abuse.

4. Check if applicable: 2 The defendant shall make restitution in accordance with 18 U.S.C, §§
3663 and 3663A or any other statute authorizing a sentence of restitution.

5, The defendant shall cooperate in the collection of DNA as directed by the probation officer
(unless omitted by the Court).

Standard Conditions:

1. The defendant shall report to the probation office in the federal judicial district where he/she is
authorized to reside within 72 hours of release from imprisonment, unless the probation officer
instructs the defendant to report to a different probation office or within a different time frame.

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WDINC (Rey. 5/2020) Agreed Order

2. The defendant shall report to the probation officer in a manner and frequency directed by the
court or probation officer.

3. The defendant shall not leave the federa! judicial district where he/she is authorized to reside
without first getting permission from the Court or probation officer.

The defendant shali answer truthfully the questions asked by the probation officer.

5. ‘The defendant shall live at a place approved by the probation officer. The probation officer shall
be notified in advance of any change in living arrangements (such as location and the people
with whom the defendant lives),

6. The defendant shail allow the probation officer to visit him/her at any time at his/her home or
elsewhete, and shall permit the probation officer to take any items prohibited by the conditions
of his/her supervision that the probation officer observes.

7, The defendant shall work full tie (at least 30 hours per week) at lawful employment, unless
excused by the probation officer, The defendant shall notify the probation officer within 72
hours of any change regarding employment.

8, The defendant shall not communicate or interact with any persons engaged in criminal activity,
and shall not communicate or interact with any person convicted of a felony unless granted
permission to do so by the probation officer. ;

9, The defendant shall notify the probation officer within 72 hours of being arrested or questioned
by a law enforcement officer,

10. The defendant shall not own, possess, or have access to a firearm, ammunition, destructive
device, or dangerous weapon (ie., anything that was designed, or was modified for, the specific
putpose of causing bodily injury or death to another person such as nunchakus or tasers).

11. The defendant shall not act or make any agreement with a law enforcement agency to act as a
confidential informant without the permission of the Court.

12. If the probation officer determines that the defendant poses a risk to another person (including
.an organization), the probation officer may require the defendant to notify the person about the
risk, The probation officer may contact the person and make such notifications or confirm that
the defendant has nottfied the person about the risk.

13. The defendant shall refrain from excessive use of alcohol and shall not unlawfully purchase,
possess, use, distribute or administer any narcotic or controlled substance or any psychoactive
substances (including, but not limited to, synthetic marijuana, bath salts) that impair a person’s
physical or mental functioning, whether or not intended for human consumption, or any
paraphernalia related to such substances, except as duly prescribed by a licensed medical
ptactitioner.

14. ‘The defendant shall participate in a program of testing for substance abuse if directed to do so
by the probation officer. The defendant shall refrain from obstructing or attempting to obstruct
or tamper, in any fashion, with the efficiency and accuracy of the testing, If warranted, the
defendant shall participate in a substance abuse treatment program and follow the rules and
regulations of that program. The probation officer will supervise the defendant’s participation
in the program (including, but not limited to, provider, location, modality, duration, intensity)
(unless omitted by the Court),

15, The defendant shall not go to, or vemain at any place where he/she knows controlled substances
are illegally sold, used, distributed, or administered without first obtaining the permission of the
probation officer.

16. The defendant shall submit his/her person, property, house, residence, vehicle, papers,
computers (as defined in 18 U.S.C. § 1030(e)(1)), or other electronic communications oy data

6

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WPYNC (Rev. 5/2020) Agreed Order

storage devices or media, or office, to a search conducted by a United States Probation Officer
and such other law enforcement personnel as the probation officer may deem advisable, without
a watrant. The defendant shall warn any other occupants that such premises may be subject to
searches pursuant to this condition.

17, The defendant shall pay any financial obligation imposed by this judgment remaining unpaid as
of the comtnencement of the sentence of probation or the term of supervised release in
accordance with the schedule of payments of this judgment. The defendant shall notify the court
of any changes in economic circumstances that might affect the ability to pay this financial
obligation.

18, The defendant shall provide access to any financial information as requested by the probation
officer and shall authorize the release of any financial information. The probation office may
shate financial information with the U.S, Attomney’s Office,

19. The defendant shall not seek any extension of credit (including, but not limited to, credit card
account, bank loan, personal loan) unless authorized to do so in advance by the probation officer,

20. The defendant shall support all dependents including any dependent child, or any person the
defendant has been court ordered to support.

21, The defendant shall participate in transitional support services (including cognitive behavioral
treatment programs) and follow the rules and regulations of such progratn. The probation officer
will supervise the defendant’s patticipation in the program (including, but not limited to,
provider, location, modality, duration, intensity), Such programs may include group sessions led
by a counselor or participation in a program administered by the probation officer,

22. The defendant shall follow the instructions of the probation officer related to the conditions of
supervision.

Special Conditions:

1, The defendant shall not communicate, or otherwise interact, with any known member of the
United Blood Nation (UBN) gang, without first obtaining permission of the probation officer.

It is further ORDERED that any restitution order, fine, and special assessment imposed in
the original Judgment in.a Criminal Case are hereby reimposed and are to be paid in full
immediately, or according to an installment payment plan designated by the U.S. Probation Office
and approved by the Court.

So ORDERED and ADJUDGED, this the 24thday of _ November , 2020,

aa

eS er
Frank D, Whitney — -
US. District Court Judge

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WDINC (Rev, 5/2020) Agreed Order

APPROVED

| olan BP

' Freddrec Deandre. Banks
Defendant —

/

isa Federal Public Defender
Attomey for Defendant

{
!
|
|

i oel Taylor Jen Whiteside)
Supervisory U.S. Probation Officer Probation Officer

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