Violation Report and Petition to Modify Conditions of Supervision — United States v. Antonio D. Hosey (N.D. Ga.)

Record facts

U.S. District Court, Northern District of Georgia · No. 1:20-cr-00396-LMM · Doc. 35 · 2024-09-30 · Docket on CourtListener

Full text

ND/GA PROB 128 
(Rev. 1/2 I) 
UNITED STATES DISTRICT COUR 
for 
NORTHERN DISTRICT OF GEORGI 
Violation Report and Petition to Modify Conditions of Supervision 
with Consent of the Offender 
Name of 
Offender: 
Judicial Officer: 
Date of Original 
Sentence: 
(Probation Form 49, Waiver of Hearing Attached) 
Antonio Hosey 
Docket No: 
1 :20-CR-396 t...,,t\,uv---
The Honorable Leigh Martin-May, United States District Judge 
Northern District of Georgia, Atlanta Division 
December 6t11, 2022 
Count One: Conspiracy to Defraud the United States, 18 U.S.C. § 371, a Class D 
Original Offense: felony 
Original Sentence: One-year and a day custody of the United States Bureau of Prison, three-years 
supervised release, special assessment fee in the amount of $100.00, for the offense 
of Count One: Conspiracy to Defraud the United States, 18 U.S.C. §371. 
Special Conditions: The defendant shall 1) submit to a search of his person, 
property, house, residence, vehicle, papers, computers, other electronic 
communications, or data storage devices or media, or office, to a search conducted 
by a United States Probation officer; 2) permit confiscation and/or disposal of any 
material considered to be contraband or any other item which maybe deemed to have 
evidentiary value of violations manner; 3) make full and complete disclosure of your 
finances and submit to an audit of your financial documents at the request of your 
probation officer; and 4) not incur new credit charges, or open additional lines of 
credit 
without 
the 
approval 
of 
the 
probation 
officer. 
On January 3rd, 2023, the defendant's conditions of supervised release were 
modified to include restitution in the amount of $463,777.79 joint and several. In 
addition, the defendant's monthly restitution payments were set at $250.00. All 
conditions of the original judgment and c01mnitrnent order remain in full effect. 
Type of Supervision: Supervised Release 
Date Supervision Commenced: October 5th , 2023 
Case 1:20-cr-00396-LMM     Document 35     Filed 09/30/24     Page 1 of 4

PREVIOUS VIOLATION(S) REPORTED TO THE COURT: 
None. 
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS: 
On October 5th, 2023, the defendant commenced his three-year term of supervised release in the 
Northern District of Georgia, Atlanta Division. His supervised release is scheduled to terminate on 
November 23 rd, 2026. The defendant has satisfied his DNA requirement, special assessment fee in the 
amount of $100.00, and all urine analysis testing has been negative for the presence of any illegal 
substances. 
Since the onset of supervised release, the defendant has maintained stable housing in Smyrna, Georgia, 
and remains gainfully employed with a logistics company as a broker. He continues to re-establish 
family ties and reintegrate himself back into the community. The defendant has set the following goals 
for himself while on and after supervised release: obtain stable employment, financial stability, re-
establish family ties, and secure his own residence. 
The defendant was ordered to pay restitution in the amount of $463,877.79 joint and several. To date, 
the defendant has individually paid a total of $500.00, which includes payments and forfeitures. 
However, as this obligation is joint and several, a total of $31,881.45 has been collected jointly and the 
remaining balance owed is $431,896.34. 
A financial investigation was conducted to determine what amount the defendant could afford to pay 
monthly. The defendant reported monthly household income and expenses. The information was 
compared to the documentation provided by the defendant, and the expenses were adjusted accordingly 
to comply with the Internal Revenue Service national standards. The defendant's net monthly income 
is $3,676.00 and his monthly allowable expenses total $3,426.00, leaving him with a monthly disposable 
income of $250.00. Half of this amount is being allotted to the defendant for emergency incidentals. 
Based on this information, it was determined that the defendant will be able to pay $100.00 per month 
towards restitution. 
The defendant was presented with this information and concurred with our assessment, consequently he 
voluntarily signed the enclosed Waiver of Hearing to Modify Conditions of Supervised Release, thus 
establishing restitution $50.00 per month commencing on October 1 si, 2024, and every month thereafter. 
The defendant reported no assets which can be liquidated to pay the remaining balance of restitution 
owed. 
Supervision Outline 
Currently, the defendant is supervised as a low-risk case with a Post Conviction Risk Assessment 
(PCRA) Score of 5 / Category l. The defendant's dynamic risk factor is social networks, and his 
criminogenic need is criminal peers. No elevated thinking styles or responsivity factors were present. 
Dynamic Risk Factors 
Social Networks - An individual with social network issues may not understand the influence and 
importance of social networks for recidivism with the person under supervision. The defendant was 
advised criminal behavior is learned through interaction with other persons and in small intimate groups 
in which specific motives, drives, or attitudes/beliefs are conveyed. He was informed our supervision 
meetings will include skill building which will help him challenge his prosocial response in high-risk 
situations. 
Case 1:20-cr-00396-LMM     Document 35     Filed 09/30/24     Page 2 of 4

Criminogenic Needs 
Criminal Peers - An individual may lack the social skills necessary to attract pro-social peers. In thinking 
about this driver, one may ask: "Would I want to be friends with them, or would they want to be friends 
with me?" 
General Recidivism Risk 
An individual in this category has a 3% arrest rate and a < 1 % revocation rate in the next 6 months 
PETITIONING THE COURT TO: 
The defendant shall pay restitution at the rate of $100.00 per month, until such time as the Court may 
alter that payment schedule in the interest of justice. The United States Probation Office and United 
States Attorney's Office shall monitor the payment of restitution and report to the Court any material 
changes in the defendant's ability to pay. 
Respectfully submitted, 
Isl Lauren J Pena 
9/26/2024 
------ --------- ----
Brandon C. Harper 
Date 
For Abnel Albaladejo-Torres 
Date 
United States Probation Officer 
Supervisory U.S. Probation Officer 
THE COURT ORDERS: 
!:a The modification of restitution payments as noted above 
□ No Action 
□ Other 
Honorable Leigh Martin May 
U.S. District Court Judge 
September 30, 2024 
Date 
Case 1:20-cr-00396-LMM     Document 35     Filed 09/30/24     Page 3 of 4

PROB 49 
(3/89) 
United States District Court 
Northern District of Georgia 
Waiver of Hearing to Modify Conditions 
of Probation/Supervised Release or Extend Term 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 Probation and Supervised Release or my period of supervision 
being extended. 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 
modification of my Conditions of Probation and Supervised Release or to the proposed extension of my term of 
supervision: 
The defendant shall pay restitution at the rate of $100.00 per month, until such time as the 
Court may alter that payment schedule in the interest of justice. The U.S. Probation Office 
and U.S. Attorney's Office shall monitor the payment of restitution and report to the court 
any material change in the defendant's ability to pay. 
Witness: --£~ ~ 
Brandon C. Harper 
Signed: 
09/25/2024 
Q 
---------------
Antonio Hosey 
Case 1:20-cr-00396-LMM     Document 35     Filed 09/30/24     Page 4 of 4

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