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Petition for Action on Supervised Release — U.S.A. vs. Larry Smith, Docket No. 5:23-CR-179-1BO (Dkt. 3, E.D.N.C.)

Summary

In this Petition for Action on Supervised Release, executed September 6, 2023 and filed 09/07/23 in the Eastern District of North Carolina, Docket No. 5:23-CR-179-1BO, Senior U.S. Probation Officer Timothy L. Gupton asks the Court to modify the supervised release of Larry Smith. The petition recounts a May 7, 2004 sentence of 472 months by the Honorable Eduardo C. Robreno of the Eastern District of Pennsylvania, a March 22, 2023 resentencing to Time Served with a 5-year term of supervised release, and a June 9, 2023 Transfer of Jurisdiction. Citing ongoing equipment issues and full compliance since March 24, 2023, it recommends that the curfew with Location Monitoring, scheduled to expire on September 20, 2023, end immediately. Page 2 is the Order of the Court section for the United States District Judge.

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Full text

                               UNITED STATES DISTRICT COURT
                                           for the
                            EASTERN DISTRICT OF NORTH CAROLINA

U.S.A. vs. Larry Smith                                                     Docket No. 5:23-CR-179-1BO


                               Petition for Action on Supervised Release

COMES NOW Timothy L. Gupton, Senior U.S. Probation Officer of the court, presenting a petition for
modification of the Judgment and Commitment Order of Larry Smith, who, upon an earlier plea of guilty
to a Hobbs Act Robbery, two counts of Brandishing a Firearm During and in Relation to a Crime of
Violence, and Attempted Car Jacking, was sentenced by the Honorable Eduardo C. Robreno, U.S. District
Judge for the Eastern District of Pennsylvania, on May 7, 2004, to the custody of the Bureau of Prisons for
a term of 472 months. It was further ordered that upon release from imprisonment the defendant be placed
on supervised release for a period of 5 years. On March 22, 2023 , during a Resentencing Hearing, Larry
Smith pied guilty to a Hobbs Act Robbery, one count of Brandishing a Firearm During and in Relation to a
Crime of Violence, and Attempted Carjacking, and was sentenced to a term of imprisonment of Time
Served, with a 5-year term of supervised release to follow.

Larry Smith was released from custody on March 22, 2023 , at which time the term of supervised release
commenced. On June 9, 2023 , a Transfer of Jurisdiction was filed in the Eastern District of North Carolina,
and on June 29, 2023 , a Petition for Action was filed modifying a previously imposed period of home
detention to curfew and adding a mental health condition.

RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS
FOLLOWS:

The term of curfew with Location Monitoring is scheduled to expire on September 20, 2023. Based on
ongoing equipment issues and his full compliance with this condition with no reported violations since his
arrival in the Eastern District ofNorth Caro lina on March 24, 2023 , it is recommended that the curfew with
Location Monitoring end immediately.

PRAYING THAT THE COURT WILL ORDER that supervised release be modified as follows:

    1) The previously imposed period of curfew with Location Monitoring is ordered to be terminated
       immediately.

Except as herein modified, the judgment shall remain in full force and effect.

                                                      I declare under penalty of perjury that the foregoing
                                                      is true and correct.


                                                      ls/Timothy L. Gupton
                                                      Timothy L. Gupton
                                                      Senior U.S. Probation Officer
                                                      310 New Bern A venue, Room 610
                                                      Raleigh, NC 27601-1441
                                                      Phone: 919-861-8686
                                                      Executed On: September 6, 2023


              Case 5:23-cr-00179-BO Document 3 Filed 09/07/23 Page 1 of 2
Larry Smith
Docket No. 5:23-CR-179-1BO
Petition For Action
Page2


                                      ORDER OF THE COURT

Considered and ordered this      ~       day of   ~        , 2023, and ordered filed and
made a part of the records in the above case.




Te,:(~!Jo-yt
United States District Judge




             Case 5:23-cr-00179-BO Document 3 Filed 09/07/23 Page 2 of 2

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