Judge Holwell
http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=118742
Defendant was arrested in 2004 for his alleged role in a bank fraud. He later pleaded guilty to a one-count information charging bank fraud. The U.S. Probation Office determined that the Sentencing Guidelines’ range was 27 to 33 months in prison. It recommended a 27-month sentence. On Feb. 20, 2006, the court sentenced defendant to time served and three years’ supervised release. Alleging violations of the conditions of supervised release—based on defendant’s Jan. 9, 2008, arrest for his alleged involvement in a check-cashing scheme—the government sought to revoke supervision. A June 3, 2009, revocation hearing addressed whether the court retains jurisdiction over the revocation petition, and whether preponderant evidence showed defendant violated conditions of his supervised release. The court revoked supervision, finding that valid arrest warrants were issued during the term of defendant’s supervised release and that the delay between the supervision term’s expiration and the revocation date was “reasonably necessary” to adjudicate the revocation petitions. On the merits, the court concluded the government proved that defendant stole, possessed and endorsed checks before depositing them into an a bank account that only he had access to and then withdrew the proceeds.
