Reply to Response to Motion as to Charles Hill, IV filed by Charles Hill — USA v. Thomas et al. (Dkt. 520, N.D. Ga.)

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00296-JPB-CMS · Doc. 520 · 2022-08-01 · Docket on CourtListener

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IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF GEORGIA 
ATLANTA DIVISION 
FILED IN CLERK'S OFFICE 
U.S.D.C. - Atlanta 
UNITED STATES OF AMERICA, ) 
) 
AUG 0 1 2022 
Plaintiff, ) 
KEVIN P WEIMER, Clerk 
) 
By: pr 
Deputy Clerk 
VS. 
) 
CASE NO.: 1:20-CR-296-JPB-CMS 
CHARLES HILL, IV, ) 
Defendant,pro se. ) 
REPLY TO UNITED STATES' OPPOSITION TO DEFENDANT'S 
MOTION TO MODIFY PROBATION CONDITIONS 
COMES NOW the Defendant,pro se, herein to submit his rep ly to the United 
States' Opposition to Defendant's pro se Motion to Modify Probation Conditions 
(DE 517). 
Relevant Background  
Defendant Charles Hill pleaded guilty to conspiracy to commit wire fraud, in 
violation of Title 18, United States Code, Section 1349. Because Defendant 
suffers from a rare auto immune disease, the Parties jointly agreed to recommend a 
sentence of 5 years' probation, with the first 27 months to be served in home 
detention. (DE 384-1 ¶ 21, DE 405 at 1; DE 408 at 1.) The Court adopted the 
Parties' joint recommendation. (DE 412 at 2.) 
Defendant,pro se, filed his motion to Modify Probation Conditions  (DE 514) and 
on July 28, 2022, Plaintiff filed and served their opposition to the motion filed by 
the Defendant. 
Case 1:20-cr-00296-JPB-CMS     Document 520     Filed 08/01/22     Page 1 of 4

Ar2ument 
Under Title 18, United States Code, Section 3563(c), "Wile court may 
modify, reduce, or enlarge the conditions of a sentence of probation at any time 
prior to the expiration or termination ofthe term of p robation, pursuant to the 
provisions of the Federal Rules of Criminal Procedure related to the modification 
of probation and the provisions applicable to the initial setting of the conditions of 
probation." 18 U. S .C. § 3563(c). Thus, the Court has discretion to modify 
Defendant's conditions o fp robation. See Bums v. United States, 287 U.S. 216, 
220-21 (1932). 
Plaintiff, in its opposition response, noted several reasons for being against 
the Court granting the Defendant's motion that need to be addressed prior to the 
Court making its decision. 
First, opposing counsel has stated that the 'Defendant does not identify any 
material circumstances that have changed since he was sentenced in January 
2022." There has been a significant change in material circumstances for the 
Defendant. In early July 2022, Defendant experienced the loss of a second child in 
13 months' time frame. Subsequently, Defendant's spouse suffered a near fatal 
catastrophic medical condition and had to be hospitalized for a week in the ICU. 
Defendant's spouse is currently at home on medical leave with a prognosis of 
healing over a minimum of three to six months. There is a need for the Defendant 
to be able to transport his sp ouse to various medical appointments as well as 
transport their two young teenage children to school events, medical/therapy 
appointments, and extracurricular activities. 
Second, opposing counsel raised the point that the Defendant needs to 
"explain why he cannot engage in volunteer activities from home." Prior to this 
instance, Defendant was a very active member in both the religious setting and the 
educational setting. At church, Defendant is a ministry leader, and thus routinely 
attended two services on Sundays as well as regularly volunteered with various 
outreach ministries such as "Feed the Need", a program designed to assist families 
with shortfalls of food and clothing that occurs on several weekends throughout 
each month. In the educational setting, Defendant previously served on several 
school-based clubs, including one that focused on college preparatory activities 
and another that focused on improving attendance in the Title I schools that the 
Defendant teaches in. 
Case 1:20-cr-00296-JPB-CMS     Document 520     Filed 08/01/22     Page 2 of 4

Third, opposing counsel states that Defendant is seeking "Blanket 
elimination ofthe home detention condition". In fact, the Defendant only seeks to 
MODIFY the conditions ofthe home detention p ortion ofthe sentence. Under the 
Curfew guidelines of home detention, Defendant would still be required to be 
home during certain time periods as well as still being monitored by the United 
States Federal Probation Office. 
Fourth, opposing counsel challenged Defendant's motion to Modify the 
Probation Conditions with regards to using social media, citing that Defendant 
"does not identify any specific p art-time employment opportunity that he has 
received and is unable to engage in because of his restrictions." Defendant has 
been interviewing with M.O.P. (Men on Point) Discip les for Christ, LLC, a 
religious consulting business that caters to churches looking to increase their 
membership numbers and launch Faith-based initiatives. The comp any is looking 
to expand into educating minorities with regards to financial literacy and has 
offered the Defendant a p art-time marketing job (Defendant has a degree in 
Marketing), which will require the use of social media. 
Conclusion  
For these reasons, the Defendant respectfully requests that the Court approve 
Defendant's Motion to Modify Probation Conditions. 
Respectfully submitted, 
Defendant: Charles Hill, IV 
Telephone: (678) 429-0187 
Address: 2649 Havasu Tree NW. 
Norcross, GA 30071 
Case 1:20-cr-00296-JPB-CMS     Document 520     Filed 08/01/22     Page 3 of 4

CERTIFICATE OF SERVICE 
I certify that on August 1, 2022, I filed a copy ofthe foregoing document 
electronically using the CM/ECF system, which will automatically generate notice 
of this filing to all counsel ofrecord, and mailed a copy of the foregoing document 
to: 
United States Attorney's Office 
Attn: AUSA Tal Chaiken 
75 Ted Turner Drive SW 
Suite 600 
Atlanta, GA 30303 
United States Federal Probation Office 
Attn: Sr. U.S. Probation Officer Walt Cochran 
75 Ted Turner Drive, SW 
Suite 900 
Atlanta, GA, 30303 
Defendant: Charles Hill, IV 
Case 1:20-cr-00296-JPB-CMS     Document 520     Filed 08/01/22     Page 4 of 4

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