Request for Modifying the Term of Probation — United States v. Tamir Pratt (S.D. W. Va.)

Record facts

U.S. District Court, Southern District of West Virginia · No. 2:23-cr-00038 · Doc. 42 · 2025-10-14 · Docket on CourtListener

Full text

Case 2:23-cr-00038 Document 42 Filed 10/14/25 Page 1 of 4 PagelD #: 136

United States District Court
for the
Southern District of West Virginia

Request for Modifying the Term of Probation
with Consent of the Offender
(Probation Form 49, Waiver of Hearing is Attached)

Name of Offender: Tamir Pratt Case Number: 2:23CR00038
Name of Sentencing Judicial Officer: Honorable Joseph R. Goodwin, United States District Judge
Date of Original Sentence: September 28, 2023
Original Offense: 18 U.S.C. § 2315: Receipt of stolen money
Original Sentence: 2 years of probation. As a special condition, the defendant is ordered to pay

$7,833.99 in restitution with monthly installments of no less than $100 per month.

On April 11, 2025, term of probation extended 3 years for a total term of 5 years.

Type of Supervision: Probation Date Supervision Commenced: September 28, 2023

PETITIONING THE COURT
[X] To modify the terms of probation as follows:

The defendant shall participate in a program of testing, counseling, and treatment for drug and
alcohol abuse, as instructed by the probation officer, as a condition of probation.

CAUSE
Violation Number Nature of Noncompliance
1. Violation of mandatory condition: The defendant shall not commit

another federal, state or local crime:

According to a report filed by a member of the Charleston, West Virginia,
Police Department, on August 17, 2025, officers conducted a traffic stop
on a vehicle observed to have a defective registration light. Officers
contacted the driver, Tamir Pratt, and a female passenger, Zaqsia Sayles.
Officers observed a marijuana cigarette in plain view within a cup holder
in the center console. Mr. Pratt indicated the suspected marijuana
belonged to the passenger. Based on the presence of marijuana, officers
conducted a search of the vehicle and retrieved a Glock 29, Serial Number
CDUDS91, later discovered to be stolen, underneath the passenger seat.
Both individuals were placed in handcuffs, advised of their Miranda
Rights, and questioned regarding the firearm. Ms. Sayles was asked if the
firearm belonged to her, at which time she replied, “I guess” and “it’s
mine”; however, she was unable to describe the make and model which
made officers suspicious as to whether it belonged to her.

Case 2:23-cr-00038 Document 42 Filed 10/14/25 Page 2 of 4 PagelD #: 137

RE: Tamir Pratt Request for Extending the Term
Docket No. 2:23CR00038 of Supervision with Consent of the Offender

Mr. Pratt was questioned about the firearm and initially denied any
knowledge it was in the vehicle. After further discussion, the defendant
informed officers Ms. Sayles and himself had just left the Red Carpet
Lounge located in Charleston, West Virginia, when he noticed Ms. Sayles
had the firearm on her person. The defendant admitted to officer he then
retrieved the firearm, held it, and gave it back to Ms. Sayles a short time
later. Officers released the individuals from the scene and later that same
date, warrants were issued charging both with the misdemeanor offense
of prohibited person in possession of a firearm.

On August 29, 2025, Mr. Pratt was arrested on the outstanding warrant.
The following day after an initial appearance, the Magistrate Court of
Kanawha County, West Virginia, released the defendant on a $2,500 cash
bond. As of this writing, the matter remains pending and no further court
date has been set.

2. Violation of special condition: The defendant shall pay restitution in
the amount of $7,833.88, to the fullest extend feasible. The defendant
shall pay in monthly installments of no less than $100 during a term
of probation with the first installment to be paid within 30 days of the
entry of this order, until the amount has been paid:

Since beginning probation on September 8, 2023, Mr. Pratt has paid $590
towards the restitution and has a remaining balance of $7,243.99. Mr.
Pratt has failed to make regular restitution payments as ordered.

U.S. Probation Officer Action:

The offender’s term of probation was recently extended due to the ongoing noncompliance issues. The
probation officer has counseled Mr. Pratt on the importance of maintaining consistent monthly
restitution payments. On August 19, 2025, the probation officer questioned the defendant regarding
officers locating a firearm in the vehicle he was driving. Mr. Pratt continued to deny any knowledge of
the firearm prior to the traffic stop, and that he had not possessed it as stated in the police report. The
United States Attorney’s Office previously entered Mr. Pratt’s case into the Treasury Offset Program
and is investigating the most recent criminal charge involving his alleged possession of a firearm.

It is noted, at the time of sentencing, the Court suspended Mr. Pratt’s condition requiring the defendant
participate in a program of testing and treatment for drug and alcohol abuse. Based on marijuana being
located in the vehicle operated by Mr. Pratt, the probation officer respectfully recommends these
conditions be reimposed in order to assess and monitor any substance abuse risks and needs the offender
may have.

Mr. Pratt, through counsel, has agreed to consent to the modification of the term of probation. This
officer believes such a modification will ensure the probation office is able to monitor any substance
use risks and needs Mr. Pratt may have, and to reiterate the importance of remaining drug free while on
probation.

Case 2:23-cr-00038 Document 42 Filed 10/14/25 Page 3 of 4 PagelD #: 138

RE: Tamir Pratt Request for Extending the Term
Docket No. 2:23CR00038 of Supervision with Consent of the Offender
Respectfully submitted,

Justin L. Gibson
Senior United States Probation Officer
October 14, 2025

THE COURT ORDERS:
The modification of the term probation as noted above

]
[ ]  Noaction

[ ] The issuance of a summons

[ ] A hearing be scheduled in this matter
[ ] Other

. Goodwin
United States Disffict Judge

Case 2:23-cr-00038 Document 42 Filed 10/14/25 Page 4 of 4 PagelD #: 139

Waiver of Hearing to Modify the Term of Probation

UNITED STATES DISTRICT COURT
for the
SOUTHERN DISTRICT OF WEST VIRGINIA
TAMIR PRATT, DOCKET NO. 2:23CR00038

I, TAMIR PRATT, have been advised and understand that | am entitled by law to a hearing and
assistance of counsel before any unfavorable change may be made in my conditions of probation or
supervised release or before my term of supervision is modified. 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 | am not able to retain counsel of my own choosing. | further
understand that I may waive my right to a hearing after conferring with counsel or by making such waiver
before a United States Magistrate Judge.

= (y f I acknowledge that I have conferred with counsel prior to executing this waiver and | hereby
willingly, knowingly, and voluntarily waive my statutory right to a hearing and agree to the following
modification(s) of my conditions of probation or supervised release, or to the proposed extension of my
term of supervision:

The defendant shall participate in a program of testing, counseling, and treatment for drug and
alcohol abuse, as instructed by the probation officer, as a condition of probation.

With \ (MEP apeales

Pfobationer or Svpervised Releasee Date
Abu, i otk
Printed Named
I acknowledge that I hg¥e)conferredavith the defendant prior to the defendant executing this document.
DD. 10/8/2025
Ccinsel Date

Jonathan D. Byrne
Printed Name

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