UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA :
:
Plaintiff, :
v. :
: CR. NO. xx-0201(HHG)
xxxxxxxxxxxxxxxxx, :
:
Defendant. :
MOTION TO RECONSIDER REVOCATION OF PROBATION
AND INCORPORATED MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT THEREOF
xxxxxxxxx, through undersigned counsel, respectfully moves this Honorable Court, for a reconsideration of this court's decision to revoke his probation, and sentence him to a period of incarceration. As grounds for this Motion, Mr. xxxxxx, through undersigned counsel, states:
1. Mr. xxxxxx was convicted of possession of a firearm in violation of 18 U.S.C. Sec. 922(k), and unlawful possession with intent to distribute a controlled substance in violation of D.C.C. Secs. 33-541(a)(1) and 33-541(c)(1)(A-1).
2. Mr. xxxxxx pled guilty to the above charges and accepted full responsibility for his actions. This court sentenced him on August 19, 1994 to 3 years of probation on each count, to be served concurrently.
3. On April 15, 1996, Mr. xxxxxx was arrested and charged with possession with intent to distribute cocaine, a violation of the District of Columbia Code. On the trial date, October 14, 1997, the United States Attorney's Office dismissed the case. (See Attachment 1.)
4. Previously, on January 13, 1997, U.S. Probation Officer Lena M. Combs, forwarded a memorandum to this court citing Mr. xxxxxx' arrest for the offense of possession with intent to distribute cocaine.
5. After a hearing, this court revoked Mr. xxxxxx' probation on May 12, 1997, and ordered him incarcerated for a period of 12 months. Mr. xxxxxx' probation was due to expire on August 19, 1997.
6. Mr. xxxxxx respectfully requests that this Court reconsider its Order finding a violation of the terms and conditions of his probation. The charge which formed the basis of the revocation proceeding has been dismissed. Mr. xxxxxx was present, fully prepared to defense himself against the charges.
7. Mr. xxxxxx respectfully requests that this court vacate its Order, and reconsider his sentence to include an extension of probation for a term of one year so that he can continue working.
WHEREFORE, it is respectfully requested that the Court reconsider its Order of May 12, 1997, for Mr. xxxxxx' violation of probation and vacate the order for 12 months incarceration, and reconsider the extension of probation for an additional one year period.
Respectfully submitted,
A. J. Kramer
Federal Public Defender
Valencia Rainey
Assistant Federal Public Defender
625 Indiana Avenue, N.W., Suite 550
Washington, D.C. 20004
(202) 208-7500
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing Motion to Reconsider Revocation of Probation and Incorporated Memorandum of Points and Authorities in Support Thereof has been served upon Assistant United States Attorney John Finnegan by leaving a copy in the box designated for the United States Attorney's Office in the Clerk's Office of the United States District Court for the District of Columbia, and by facsimile machine upon United States Probation Officer Lena Combs, also by telecopier, this 13th day of January, 1998.
Valencia Rainey