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United States v. Davis

United States District Court, Second Circuit

December 5, 2013

UNITED STATES OF AMERICA,
v.
TAMIKA DAVIS, Defendant.

DECISION AND ORDER

RICHARD J. ARCARA, District Judge.

On April 18, 2013, the defendant, Tamika Davis, was charged in an Amended Petition for Offender Under Supervision (the "Petition") pursuant to 18 U.S.C. § 3583(e) with eight violations of conditions of supervised release. Based upon evidence admitted during a hearing held in accordance with Fed. R. Crim. P. 32.1(b)(2), the Court finds defendant Davis guilty of the violations alleged in Charges 1 through 7 of the Petition, and not guilty of a violation alleged in Charge 8.

BACKGROUND

On August 5, 2010, defendant Davis was sentenced for bank fraud in violation of 18 U.S.C. § 1344 for having negotiated counterfeit checks using personal information and a bank account of a woman who was in jail. Under applicable Sentencing Guidelines, and in light of various sentencing factors and defendant's prior criminal convictions, defendant faced an advisory range of imprisonment of 21 to 27 months.

The Court sentenced defendant Davis, in pertinent part, to a term of imprisonment of 27 months, to be followed by five years of supervised release, and to pay restitution to bank victims of $12, 900. A Judgment in a Criminal Case reflecting the sentence was filed on August 12, 2010, and an Amended Judgment was filed on October 5, 2010. Doc. 29.[1]

At the time of her August 5, 2010 sentencing, defendant Davis was 34 years of age. Her criminal record was so extensive that her Criminal History Category was Category VI. Defendant had twelve prior convictions for theft-related offenses alone.

The Court granted defendant Davis a substantial-assistance downward departure pursuant to § 5K1.1 of the Sentencing Guidelines during her sentencing. The Court also allowed defendant to voluntarily surrender to begin her term of imprisonment.

Defendant Davis' August 5, 2010 sentence included, as Conditions of Supervised Release, the following mandatory conditions:

The defendant shall not commit another federal, state or local crime.
... the defendant shall make restitution to the victims in the amount of $12, 900 at the rate of 10% monthly gross income.

Doc. 29, p. 3, 6 (referenced Schedule of Payments). It included the following standard conditions:

... the defendant shall answer truthfully all inquiries by the probation officer;
... the defendant shall... submit a truthful and complete written report within the first five days of each month;

Doc. 29, p. 3. Finally, the sentence also included the following special condition:

While a restitution balance is outstanding, the defendant shall not incur any form of debt, including but not limited to, use of existing credit cards, new credit cards... without approval of the U.S. Probation Office.

Id. Upon completion of defendant's term of imprisonment, her five-year term of supervised release began October 13, 2012. Doc. 34, p. 1.

On February 21, 2013, defendant Davis agreed to participate in Reentry Court, a program of intensive supervision by the Court designed to reduce recidivism by helping persons on supervised release reintegrate with society. Within a few hours of agreeing to participate in this special program, however, defendant was caught shoplifting clothing from a Saks Fifth Avenue outlet store in Niagara Falls, New York. She was arrested and charged with Petit Larceny in violation of New York Penal Law § 155.25.

As a result of defendant Davis' shoplifting arrest, on March 7, 2013, Magistrate Judge Hugh B. Scott, who was authorized to preside over Reentry Court proceedings by designation, imposed as a sanction a ...


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