United States District Court, M.D. Alabama, Eastern Division
OPINION AND ORDER
H. THOMPSON UNITED STATES DISTRICT JUDGE [*]
12, 2019, the court amended the pending revocation petition
(doc. no. 265) to reflect four new charges that defendant
Derris Deanthony Bradford violated the mandatory condition of
supervised release that he refrain from any unlawful use of a
controlled substance, as follows: (1) on or about February
21, 2019, he allegedly tested positive for use of marijuana;
(2) on or about March 25, 2019, he allegedly tested positive
for use of marijuana; (3) on or about April 25, 2019, he
allegedly tested positive for use of marijuana; and (4) on or
about May 8, 2019, he allegedly tested positive for use of
marijuana. See Order (doc. no. 287). The other
charges in the petition were resolved independently.
See Corrected Revocation Judgment (doc. no. 289).
Defense counsel was directed to submit to the court a
proposal to address Bradford's apparent drug addiction.
See Order (doc. no. 287). The proposal was to
address whether Bradford wished to participate in the
modified-HOPE model. See United States v. Newman,
350 F.Supp.3d 1218 (M.D. Ala. 2018) (Thompson, J.). A hearing
was set for July 8.
July 8 hearing, the parties agreed to the dismissal without
prejudice of the pending four new charges and Bradford
himself, voluntarily and knowingly, represented to the court
that he agreed to a modified-HOPE model to address his
addiction, although the one he agreed to differed somewhat
from the one in Newman. The government, probation,
and the court also agreed to this modified proposal.
based on the representations made in open court on July 8,
2019, it is ORDERED as follows:
above four additional charges of violations of the conditions
of supervision against defendant Derris Deanthony Bradford
are dismissed without prejudice.
a special condition of supervision imposed for his previously
adjudicated violations, defendant Bradford shall serve four
weekends in jail as determined by his supervising probation
officer. See Corrected Revocation Judgement (doc.
no. 289) at 6. He shall report for his sentence on Fridays at
5:00 p.m. and shall be released no later than 5:00 p.m. on
Sundays. See id.
following conditions shall also apply to defendant
Bradford's new term of supervised release:
previously imposed conditions of supervised release in place
at the time of revocation shall remain in effect, including
the regular, random drug testing.
(B) For each new instance in which the probation officer
receives information that defendant Bradford tested positive
for marijuana[*]--or failed to appear for a drug
test without good cause--the probation officer will file with
the court a Request for Modifying the Conditions or Term of
Supervision with Consent of the Offender. The modification
will read as follows: Beginning on a date directed by the
probation officer, defendant Bradford shall serve two days at
a jail facility to be designated by the Federal Bureau of
Prisons. Defendant Bradford shall surrender for service of
this term no later than 6:00 p.m. on the designated date and
shall be released no later than 6:00 p.m. two days later.
Defendant Bradford's failure to report on time for
service of this sentence will be considered a violation of
supervision and will subject him to further penalties, which
may include revocation of supervision.
the probation officer files the request for modification, as
provided in subparagraph (B) above, defendant Bradford will
sign a Waiver of a Hearing to Modify Conditions of
Probation/Supervised Release or Extend Term of Supervision,
which shall agree to the modification.
Once a date and jail facility have been designated by the
Bureau of Prisons, no modifications can be made as to the
date or time of surrender.
Defendant Bradford should make transportation arrangements to
ensure his successful surrender to the designated jail
Probation shall file a separate report with the court
confirming that defendant Bradford in fact served the jail
defendant Bradford fails to report for service of a sentence
pursuant to subparagraph (B), the probation officer will file
a Petition for a ...