USA v. Cullen
Criminal

District of Nebraska, ned-8:2004-cr-00285-31925

REQUEST AND ORDER for modifying conditions of supervision with consent of offender as to defendant Thomas Cullen. Ordered by Judge Joseph F. Bataillon.

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8:04-cr-00285-JFB-TDT Doc # 20 Filed: 10/19/07 Page 1 of 3 - Page ID # 74 Prob 12B (7/93) .. FILED U.S. DISTRICT COURT DISTRICT OF NEBRASKA UNITED STATES DISTRICT COURT for the 07 OCT 19 PM 4:20 District of Nebraska OFFICE OF THE CLERK Request for Modifying the Conditions or Term of Supervision with Consent of the Offender (Probation Form 49, Waiver of Hearing is Attached) Name of Offender: Thomas Cullen Docket Number: 8:04CR285 Sentencing Judge: Honorable Joseph F. Bataillon Chief U.S. District Judge Date of Original Sentence: October 1, 2004 Original Offense: June 2, 2003 Original Sentence: 21 months imprisonment, 3 years supervised release Type of Supervision: Supervised release Date Supervision Commenced: June 1, 2006 II. ... PETITIONING THE COURT To extend the term of supervision for for a total term of X To modify the conditions of supervision as follows: S: "The defendant shall make payments to satisfy the criminal monetary penalty in monthly installments of $15.00 or 5% of the defendant's net income, whichever is greater. The first payment shall commence December 1, 2007, and continue until the criminal monetary penalty is paid in full. The defendant shall be responsible for providing proof of payment to the probation officer as directed CAUSE Thomas Cullen was ordered to make monthly payments toward his restitution obligation in the amount of $100 or 20% of his gross income, whichever is greater. Investigation into Mr. Cullen's finances reveals that after his wages are garnished for child support and paying child care and rent, he is left with a monthly net income of $232.00. This is less than 20% of his monthly gross income, which would be $324.00. If he were to pay $100.00 per month, that would leave him with only $132.00 per month for expenses such as food, clothing, transportation, and other incidentals. Mr. 8:04-cr-00285-JFB-TDT Doc # 20 Filed: 10/19/07 Page 2 of 3 - Page ID # 75 CULLEN, Thomas MODIFICATION OF CONDITIONS October 17, 2007 Cullen is functionally illiterate and makes his living driving a truck. He has made a good faith effort to make monthly payments towards his restitution obligation in the amount of $10 per month since February 2007. Reviewed by, Respecufully submifted, het cum Kit Lemon U.S. Probation Officer Navid E. Gauring) David E. Goeritg, Superfisor U.S. Probation Officer THE COURT ORDERS No Action The Extension of Supervision as noted above X The Modification of Conditions as noted above - Other 10/19/07 Date The Honorable Joseph F. Bataillon Chief U.S. District Judge 8:04-cr-00285-JFB-TDT Doc # 20 Filed: 10/19/07 Page 3 of 3 - Page ID # 76 Prob 49 (Rev. 12/00) United States District Court. District of Nebraska Waiver of Hearing to Modify Conditions of Supervision I have been advised and understand that I am entitled by law to a hearing and assistance of counsel before any unfavorable change may be made in my Conditions of Supervision. By "assistance of counsel," I understand that I have the right to be represented at the hearing by counsel of my own choosing if I am able to retain counsel. I also understand that I have the right to request the court to appoint counsel to represent me at such a hearing at no cost to myself if I am not able to retain counsel of my own choosing. I hereby voluntarily waive my statutory right to a hearing and to assistance of counsel. I also agree to the following modified condition: "The defendant shall make payments to satisfy the criminal monetary penalty in monthly installments of $15.00 or 5% of the defendant's net income, whichever is greater. The first payment shall commence December 1, 2007, and continue until the criminal monetary penalty is paid in full. The defendant shall be responsible for providing proof of payment to the probation officer as directed. Witness: Signed Themes Cable < Kit Lemon U.S. Probation Officer Thomas Cullen Offender Date: 10/9lez