Free Motion to Modify - District Court of Colorado - Colorado

Case 1:01-cr-00266-LTB

Document 48

Filed 05/23/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CASE NO. 01-cr-00266-LTB

UNITED STATES OF AMERICA, Plaintiff, v. JOHN THOMAS EASTMAN, Defendant. ______________________________________________________________________________ MOTION TO MODIFY CONDITIONS OF SUPERVISED RELEASE ______________________________________________________________________________ The defendant, through counsel, the Office of the Federal Public Defender, by the undersigned, moves that the conditions of his supervised release be modified to reduce the required $100.00 monthly payments toward restitution. The U.S. Probation Office opposes this request. Back in 2001, the defendant entered a guilty plea to count one of a two count indictment. Count one charged him with violating 18 U.S.C. §§ 2 and 513, possessing and uttering a counterfeit check, and aiding and abetting. Count two was dismissed as part of a plea agreement. On January 11,2002, the defendant was sentenced to 24 months imprisonment followed by three years' supervised release. One condition of supervised release was that the defendant pay restitution in the amount of $105,835.48, apportioned between two victims, TCF National Bank and Commercial Federal Bank. The Court ordered that restitution be paid on an

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Case 1:01-cr-00266-LTB

Document 48

Filed 05/23/2008

Page 2 of 3

installment schedule to be determined by the probation office, and was to be no less than $100.00 per month. The defendant was recently released to federal supervision after serving his federal sentence as well as state, i.e., Colorado DOC and Wyoming, sentences. He reports that his current income is made up of a monthly "pension" of $662.00 supplemented by $25.00 in food stamps. See Attachment A, 01/10/2008 Adult Financial Services determination. His monthly obligations, exclusive of a $150.00 Wyoming Parole Board restitution requirement (Attachment B), eat up just about all of this pension. See Attachment C, Defendant's letter to U.S. Probation Officer Sherrie Blake dated January 29, 2008. The probation Office has declined Mr. Eastman's request to seek a lower monthly payment of federal restitution. Accordingly, Mr. Eastman moves that this Court consider lowering the $100.00 monthly payment to a figure that can afford given his current circumstances. Respectfully submitted, RAYMOND P. MOORE Federal Public Defender

s/ Warren R. Williamson WARREN R. WILLIAMSON Office of the Federal Public Defender 633 - 17th Street, Suite 1000 Denver, Colorado 80202 Telephone: (303) 294-7002 FAX: (303) 294-1192 E-mail: [email protected] Attorney for Defendant

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Case 1:01-cr-00266-LTB

Document 48

Filed 05/23/2008

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on May 23, 2008, I electronically filed the foregoing MOTION TO MODIFY CONDITIONS OF SUPERVISED RELEASE with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Joseph Mackey, Assistant U.S. Attorney [email protected] Sherrie Blake, U.S. Probation Officer [email protected] and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participants in the manner (mail, hand-delivery, etc.) indicated by the non-participant's name: John Eastman 18804 F Road Delta, Colorado 81416

s/ Warren R. Williamson Warren R. Williamson Assistant Federal Public Defender Attorney for Defendant 633 - 17th Street, Suite 1000 Denver, Colorado 80202 (303) 294-7002 (303) 294-1192 [email protected]

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