USA v. Addison et al

OCR transcription for search; preserved printed pages are authoritative

WDINC (Rev. $/2020) Agreed Order

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

UNITED STATES OF AMERICA )
)

v. } Criminal Case No. 0419 3:17CRO0134-070
)
Anthony Bernard Smith )
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 supervised release of defendant Anthony Bernard Smith 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: 2/25/2022),

The defendant has violated the condition of supervision that states, "The defendant shal!
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 hurnan consumption, or any paraphernalia related to such substances,
except as duly prescribed by a licensed medical practitioner,” in that, on or about 05/06/2021,

07/05/2021, 07/12/2021, 10/25/2021, 01/19/2022 and 02/25/2022, the defendant submitted urine

specimens that yielded positive results for matijuana. The defendant has admitted to smoking

INFORMATION
GPO

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WDINC (Rev, 5/2020) Agreed Order

marijuana on or about 05/05/2021, 06/02/2021, 07/04/2021, 09/14/2021, 01/24/2022 and
02/05/2022. GRADE C VIOLATION.
2 FAILURE TO COMPLY WITH DRUG TESTING/TREATMENT
REQUIREMENTS (Date violation concluded: 3/7/2022),

The defendant has violated the condition of supervision that states, "The defendant shall
participate in a program of testing for substance abuse. The defendant shall refrain from
obstructing or attempting to obstruct or tamper, in any fashion, with the efficiency and accuracy
of the testing. 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 or about 06/28/2021, 08/09/2021, 09/13/2021,
1O/1 1/2021, 11/08/2021, 11/22/2021, 12/20/2021, 01/10/2022 and 02/15/2022, the defendant
failed to report for code-a-phone urine screens. The defendant has admitted to failing to call the

screening hotline as instructed. GRADE C VIOLATION.

The parties stipulate, pursuant to Chapter 7 Policy Statements, U.S. Sentencing Guidelines,
that the defendant’s violations are a maximum Grade C and that the defendant las a Criminal
History Category of V.

The parties stipulate, based on U.S.8.G. §7B1.4, that the Guidelines range of imprisonment
for Grade C violations and a Criminal History Category of V is a term of imprisonment from seven

(7) to 13 months.

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WDINC (Rev, 5/2020) Agreed Order

The parties agree, pursuant to Rules 11(c)(1)(C) and 32.1, Federal Rules of Criminal
Procedure, that thé Court should revoke supervised release and order the defendant to be
imprisoned for a period of eight (8) months, to be followed by 24 months of supervised release. If
the 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 supervises 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 evidencelagainst him/her
related to those alleged violations.

The defendant further acknowledges that he/she is aware of the followihg 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 fo present mitigating evidence to the Court.
If the Court accepts the agreed sentence, the defendant knowingly waives the right to
contest the revocation of sup¢rvised release and the defendant's sentence in any appeal or post-
conviction action. Claims bf (1) ineffective assistance of counsel and (2) prosecutorial

misconduct, and those claimsionly, are exempt from this waiver.

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WDINC (Rev. 5/2020) Agreed Order

Case 3:17-cr-00134-FDW-MTO Document 3362

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.
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 Anthony Bernard Smith be and is hereby
SENTENCED to a term of imprisonment of eight (8) months on Count One of the judgment.

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 discretionary conditions that have been adopted by

this Court:

Mandatory Conditions:

1. The defendant shall not commit another federal, state, or local crime.
The defendant shall not unlawfully possess @ controlled substance.
"The defendant shall refrain from any unlawful use ofacontrolled 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 ifwaived: (1 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. The defendant shal! cooperate in the collection of DNA as ditected by the probation officer
(unless omitted by the Court).

Discretionary 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.

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

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WDINC (Rev. 5/2020) Agreed Order

12,

14,

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

The defendant shall answer truthfully the questions asked by the probation officer. However,
defendant may refuse to answer a question if the truthful answer would tend to incrimiriate
him/her of a crime, Refusal to answer a question on that ground will not be considered a
violation of supervised release.

The defendant shail 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), If advance notification is not possible due to unanticipated
circumstances, the defendant shall notify thé probation officer within 72 hours of becoming
aware of a change or expected change,

The defendant shall allow the probation officer to visit him/her at any time at his/her home or
any other reasonable location as determined by the probation office, and shall permit the
probation officer to take any items prohibited by the conditions of his/her supervision that the
probation officer observes.

The defendant shall work full time (at least 30 hours per week) at lawful employment, actively
seek such gainful employment or be enrolled in a full time educational of vocational program
unless excused by the probation officer. The defendant shall notify the probation officer within
72 hours of any change regarding employment or education.

The defendant shall not communicate or interact with any persons he/she knows is engaged in
criminal activity, and shall not communicate or interact with any person he/stie knows to be
convicted of a felony unless granted permission to do so by the probation officer.

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

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

The defendant shall not act or make any agreement with a law enforcement agericy to act as a

confidential informant without first getting the permission of the Court.

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 fo, synthetic marijuana, bath salts) that impair a person’s
physical or mental furictioning, whether or not intended for human consumption, or any
paraphemalia related to such substances, except as duly prescribed by a licensed medical
practitioner.

The defendant shall participate in a program of testing for substance abuse. The defendant shall
refrain from obstructing or attempting to obstruct or tamper, in any fashion, with the efficiency
and accuracy of the testing. The deféndant 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).

The defendant shall not go to, or remain 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,

The defendant shall submit to a search if the Probation Officer has a reasonable suspicion that
the defendant has committed a crime or a violation of a condition of supervised release. Such a
search may be conducted by a U.S, Probation Officer, and such other law enforcement personnel

5

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WDINC (Rev. $2020) Agreed Order

as the probation officer may deem advisable, without a warrant or the consent of the defendant.
Such search may be of any place where evidence of the above may reasonably be expected to
be found, including defendant’s person, property, house, residence, vehicle, communications or
data storage devices ar media or office.

16. The defendant shall pay any financial obligation imposed by this judgment remaining unpaid as
of the commencement of the sentence of probation or the tenn 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.

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

18. The defendant shall participate in transitional support services (including cognitive behavioral
treatment programs) and follow the rules and regulations of such program. The probation officer
will supervise the defendant’s participation 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.

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

80 ORDERED and ADJUDGED, this thed 6% of May 2028

Frank D. Whitney
J US. District Court Judge

Case 3:17-cr-00134-FDW-MTO Document 3362 Filed 05/26/22 Page6of7

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WD/NC (Rev. 5/2020) Agreed Order
APPROVED
1
anthony Smith Anthony Bernard Smith Defendant
Wm5. Bj
/ Attorney for Defendant
Assistant United States Attorney
Bhi Ch I
Jason Kemp Supervisory U.S. Probation Officer
Phillip Cheek II U. S. Probation Officer
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