MOTION Extension of Time to Self Surrender… — MOTION Extension of Time to Self Surrender by TOMMY HAWKINS —… (Dkt. 19)

Record facts

U.S. District Court for the District of New Jersey · No. 1:24-cr-00358-KMW · Doc. 19 · 2024-11-27 · Docket on CourtListener

Full text

1 
IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF NEW JERSEY 
CAMDEN DIVISION 
UNITED STATES OF AMERICA 
 
) 
) 
 
v. 
 
 
 
 
 
) 
1:24-CR-00358-KMW-1 
) 
 
TOMMY HAWKINS 
 
 
 
) 
MOTION FOR EXTENSION OF TIME TO VOLUNTARILY SURRENDER 
 
Mr. TOMMY HAWKINS, pursuant to 18 U.S.C. § 3143(a)(1), respectfully 
moves this Court to extend the deadline for voluntary surrender until January 5, 
2025.   
I.  
Relevant Procedural History 
On May 28, 2024, Mr. Hawkins pleaded guilty to one count of conspiracy 
to commit mail fraud in violation of 18 U.S.C. § 1349 (Count One). (Plea Agmnt., 
ECF No. 5.) On that same day, this Court released Mr. Hawkins on conditions 
pending sentencing. (Order, ECF No. 7.) On October 24, 2024, this Court 
sentenced Mr. Hawkins to sixty-five months’ imprisonment, three years of 
supervised release, $5,296,279.11 in restitution, and a $100 special assessment. (J., 
ECF No. 17.) On November 26, 2024, undersigned counsel filed a Notice of 
Appearance. (ECF No. 18.) 
II.  
Factual Assertions 
Case 1:24-cr-00358-KMW     Document 19     Filed 11/27/24     Page 1 of 4 PageID: 149

 
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Mr. Hawkins respectfully submits that he received his letter from the BOP on 
November 12, 2024, notifying him to report to Beckley FC SPC on December 3, 
2024. See Letter from Susan M. Smalley, United States Probation Officer, N.J.D., 
to Tommy Hawkins (Nov. 5, 2024).1  Mr. Hawkins currently has no one to care 
for his home while he is incarcerated. While he is working diligently to make 
arrangements for either family to care for his home or to rent it out, with the 
holidays approaching, he requires more time to finalize plans and to transition 
his personal property in to storage. Additionally, Beckley, West Virginia is a ten-
hour drive from Mr. Hawkins’ home, and therefore, he will need to begin 
traveling at least the day before he is scheduled to surrender. Also, a self-
surrender date of January 5, 2025, will allow Mr. Hawkins to spend a final 
holiday season with his family which will encourage rehabilitation efforts while 
in custody by reminding him of what he’s going to be missing while 
incarcerated. 
 
Finally, Mr. Hawkins respectfully submits that this Court released Mr. 
Hawkins on conditions pending sentencing. Mr. Hawkins has not violated any of 
these conditions. Thus, this Court can extend Mr. Hawkins’ self-surrender date 
knowing that Mr. Hawkins has proven himself to be not a flight risk or danger to 
                                                 
1 Mr. Hawkins respectfully clarifies that while the letter is dated November 5, 2024, he actually received the letter 
on November 12, 2024.  
Case 1:24-cr-00358-KMW     Document 19     Filed 11/27/24     Page 2 of 4 PageID: 150

 
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the community.  
III.  
Argument and Citation of Authority 
This Court has the authority to extend Mr. Hawkins’ surrender date. See 18 
U.S.C. § 3143(a)(1). 
IV.  
 
Conclusion  
Mr. Hawkins, based on the foregoing assertions and argument, prays that 
this Court extends the self-surrender date until January 5, 2025. 
Date: 
November 26, 2024 
 
 
 
 
 
 
 
 
 
 
 
 
 
Respectfully Submitted, 
 
 
 
 
 
 
 
 
 
 
 
 
 
s/ Katryna Lyn Spearman 
 
 
 
 
 
 
 
Katryna Lyn Spearman, Esq. 
 
 
 
 
 
 
 
Ga. Bar # 616038 
kspearman@lowtherwalker.com 
 
 
 
 
 
 
 
 
 
 
 
 
 
Lowther | Walker LLC 
 
 
 
 
 
 
 
 
 
 
 
 
101 Marietta St., NW, Ste. 3650 
 
 
 
 
 
 
 
 
 
 
 
 
Atlanta, GA 30303 
 
 
 
 
 
 
 
 
 
 
 
 
404.496.4052 
 
 
 
 
 
 
 
 
 
 
 
 
www.lowtherwalker.com 
 
 
 
 
 
 
 
 
 
 
 
 
 
Attorney for Defendant 
 
 
 
 
 
 
 
 
 
 
 
 
Tommy Hawkins 
 
 
Case 1:24-cr-00358-KMW     Document 19     Filed 11/27/24     Page 3 of 4 PageID: 151

 
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IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF NEW JERSEY 
CAMDEN DIVISION 
UNITED STATES OF AMERICA 
 
) 
) 
 
v. 
 
 
 
 
 
) 
1:24-CR-00358-KMW-1 
) 
 
TOMMY HAWKINS 
 
 
 
) 
CERTIFICATE OF SERVICE 
I certify that on November 267 2024, I electronically filed the foregoing 
MOTION TO EXTEND VOLUNTARY SURRENDER DATE with the Clerk of the 
United States District Court for the District of New Jersey by way of the 
CM/ECF system, which automatically will serve this document on the attorneys 
of record for the parties in this case by electronic mail. 
Date: 
November 267 2024 
 
 
 
 
 
 
 
 
 
 
 
 
Respectfully Submitted, 
 
 
 
 
 
 
 
 
 
 
 
 
 
s/ Katryna Lyn Spearman 
 
 
 
 
 
 
 
Katryna Lyn Spearman, Esq. 
 
 
 
 
 
 
 
Ga. Bar # 616038  
 
 
 
 
 
 
 
 
 
kspearman@lowtherwalker.com 
 
 
 
 
 
 
 
 
 
 
 
 
 
Lowther | Walker LLC 
 
 
 
 
 
 
 
 
 
 
 
 
101 Marietta St., NW, Ste. 3650 
 
 
 
 
 
 
 
 
 
 
 
 
Atlanta, GA 30303 
 
 
 
 
 
 
 
 
 
 
 
 
404.496.4052 
 
 
 
 
 
 
 
 
 
 
 
 
www.lowtherwalker.com 
Case 1:24-cr-00358-KMW     Document 19     Filed 11/27/24     Page 4 of 4 PageID: 152

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