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

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

Summary

A petition for action on supervised release in U.S.A. vs. Larry Smith, Docket No. 5:23-CR-179-1D, in the Eastern District of North Carolina, executed March 16, 2026 and filed 03/17/26 as Document 5. Smith was sentenced on May 7, 2004 in the Eastern District of Pennsylvania to 472 months for Hobbs Act robbery, firearm and attempted carjacking counts, was re-sentenced on March 22, 2023 to time served and 60 months of supervised release. Probation Officer Danele N. Williams reports a February 25, 2026 Wake County charge of open container and simple possession of a Schedule VI controlled substance, which Smith plans to dispute, and a positive urine test for marijuana. Smith signed a waiver of hearing; the petition asks to add cognitive behavioral, substance abuse treatment and drug testing conditions. The order at the end, signed by Judge James C. Dever III, reads "Considered and ordered."

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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-179-1D

                               Petition for Action on Supervised Release

COMES NOW Danele N. Williams, U.S. Probation Officer of the court, presenting a petition for
modification of the Judgment and Commitment Order of Larry Smith, who, upon a finding of guilt by jury
to Count 1: Hobbs Act Robbery, in violation of 18 U.S.C. § 1951; Counts 2 and 4: Brandishing Firearm
During and in Relationship to a Crime of Violence, in violation of 18 U.S.C. § 924(c); and Count 3:
Attempted Carjacking, in violation of 18 U.S.C. § 2119, was sentenced by the Honorable Eduardo C.
Robreno, United States 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 60 months. On March 22, 2023,
during a Resentencing Hearing in the Eastern District of Pennsylvania, the defendant pied guilty to Count
1, 2, and 3, as listed above, and Count 4 was dismissed. He was re-sentenced to Time Served, followed by
60 months supervised release including 6 months home detention under the location monitoring program.

    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 assigned to the Honorable District Judge Terrance W. Boyle.

    On June 29, 2023 , a Petition for Action was filed modifying the previously imposed condition of home
detention, to curfew with electronic monitoring, as well as adding a mental health condition.

    On September 6, 2023, a Petition for Action was filed to request termination of electronic monitoring.

   On March 16, 2026, at the direction of the Court, this case was reassigned to Honorable District Judge
James C. Dever III.

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

On February 25, 2026, the defendant was charged with Open Container and Simple Possession of a
Schedule VI Controlled Substance (26CR9994) in Wake County, North Carolina. The police report stated
that an officer approached a suspicious vehicle occupied by the defendant and a passenger. The officer
reported that the smell of marijuana was emanating from the vehicle and initiated a search. During the
search of the vehicle, a marijuana cigarette was located between the cup holder and arm rest, as well as an
empty Amsterdam bottle located inside the arm rest. The passenger was charged with two counts of
Possession of Drug Paraphernalia, Simple Possession of Marijuana, and an Open Container. The defendant
called the undersigned officer as soon as the citation was written. He stated that the marijuana belonged to
the passenger, which she admitted to the police officer. The defendant further reported that he is an Uber
driver and one of his passengers had left the empty mini alcohol bottle in his vehicle. Smith later located
the bottle and placed it into his arm rest. The defendant reported that he plans on disputing these charges;
therefore, it is respectfully recommended that we allow the state court to adjudicate this conduct.

As a result of the above criminal conduct, the defendant was told to report to the United States Probation
Office, on February 27, 2026. The defendant submitted a urine sample that tested positive for the use of




            Case 5:23-cr-00179-D          Document 5        Filed 03/17/26       Page 1 of 2
Larry Smith
Docket No. 5:23-CR-179-1D
Petition For Action
Page2


marijuana. Smith admitted to the illegal use of marijuana via THC infused chocolate, and this positive test
was verified by the laboratory. In order to address the above conduct the probation office is recommending
the MRT program and substance abuse treatment. Therefore, it is recommended that a cognitive behavioral
therapy condition be added to address his criminal thinking patterns and avoid risky behavior in the future .
Additionally, it is recommended that he undergoes a drug assessment and drug testing.

The defendant signed a Waiver of Hearing agreeing to the proposed modification of supervision.

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

    1. The defendant shall participate in a cognitive behavioral program as directed by the probation office.

   2. The defendant shall participate as directed in a program approved by the probation office for the
      treatment of narcotic addiction, drug dependency, or alcohol dependency which will include
      urinalysis testing or other drug detection measures and may require residence or participation in a
      residential treatment faci Iity.

   3. The defendant must undergo drug testing, including but not limited to urinal ysis.

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

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


Isl Melissa K. Lunsmann                               Isl Danele N. Williams
Melissa K. Lunsmann                                   Danele N. Williams
Supervising U.S. Probation Officer                    U.S. Probation Officer
                                                      310 New Bern A venue, Room 610
                                                      Raleigh, NC 27601-1441
                                                      Phone: 919-861-8807
                                                      Executed On: March 16, 2026

                                       ORDER OF THE COURT

Considered and ordered this      11      day of---&N,~o./l~=c~h~----·' 2026, and ordered filed and
made a part of the records in the above case.


James. Dever III
U.S District Judge




            Case 5:23-cr-00179-D           Document 5        Filed 03/17/26       Page 2 of 2

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