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In re Baines

United States District Court, D. Nevada

April 20, 2017

Fontrell Baines

          Date of Original Sentence: October 30, 2014

          Date Supervision Commenced: February 17, 2017

          REQUEST FOR MODIFICATION TO CONDITIONS OF SUPERVISION WITH CONSENT OF OFFENDER PROBATION FORM 49 (WAIVER OF HEARING) IS ATTACHED APRIL 14, 2017

         PETITIONING THE COURT

         [X] To modify the conditions of supervision as follows:

         1. Access to Financial Information - You shall provide the probation officer access to any requested financial information, including personal income tax returns, authorization for release of credit information, and any other business financial information in which you have a control or interest.

         Baines is currently unemployed, however, each time this officer has met with the offender he has had about $500 to $1000 in cash on his person. In addition, this officer has had reports from the staff at Residential Reentry Center (RRC) that the offender has had a few different people come to the RRC to drop off money for him including an exotic dancer by the name of Black Barbie.

         2. Computer Restriction and Monitoring -The defendant shall keep the probation officer accurately informed of all computers and computer related digital devices or equipment with memory and/or wireless capabilities that he/she owns, uses, possesses or has access to. This includes, but is not limited to, desktop, laptop, and tablet computers, smart phones, cameras, digital readers, and thumb drives. The defendant shall provide to the probation officer all device and program passwords and internet service provider information, upon request. The defendant shall consent to the installation of any hardware or software systems on any computer or computer related digital device, to monitor the use of said equipment, at the direction of the probation officer; and the defendant agrees not to tamper with such hardware or software and not install or use any software programs designed to hide, alter, or delete his/her computer activities. Furthermore, the defendant shall consent to the inspection, imaging, copying of data, or removal of any device to ensure compliance with conditions.

         The offender has several social media accounts that he has utilized to make contact with other criminal associates, however he has failed to provide this officer with the passwords. This officer has been able to view some of the pictures and videos on the social media and it depicts the offender associating with felons, in possession of firearms, smoking marijuana and other illegal substances. While at the RRC the offender was found to have a few different cell phones in his possession, specifically a white IPhone 6 which was missing the sim card and a black Samsung galaxy which was password protected. The phones were a violation of the RRC policy and were confiscated by staff at the RRC.

         3. Debt Obligations - You shall be prohibited from incurring new credit charges, opening additional lines of credit, or negotiating or consummating any financial contracts without the approval of the probation officer.

         This officer made contact with the offender at the RRC and a search was conducted by RRC staff of his bunk and he was found to have several receipts from Macy's and other high end clothing stores from the past week showing purchases he recently made. The offender also had a receipt stating he opened a new Macy's charge card 2 days ago at the Fashion Show Mall. The offender also had a receipt from a jeweler indicating he put down $1100 on a chain and owed a balance of $3000. The offender also had several brand new pairs of sneakers that were still in the box underneath his bunk.

         CAUSE

         On February 1, 2017, Baines supervised release was revoked and he was sentenced to 3 months custody, with credit for time served. O new term of supervision commenced on February 17, 2017, and as a condition of his supervision he was given 3 months placement at the Residential Re-entry Center (RRC). Since being at the RRC, the offender was robbed and beaten and was sent to the hospital along with the other party and a police report was filed.

         Due to the offender not providing accurate information to his case manager, and lying about the places where he actually went, he has had limited passes to leave the RRC. However, the halfway house staff has contacted this officer and advised that the offender has had a few male friends come by to drop off money for him. In addition, the offender has also had an exotic dancer by the alias of “Black Barbie” come to the RRC and drop off a large amount of cash, clothes and food for him. When asked about this, the offender just stated that these people “owed” him money before he went to prison. On more than one occasion, this officer has seen the offender with a large amount of cash, specifically $500 or more in his pockets and he has been questioned about it and his reply was that he likes to walk around with cash on him.

         On April 12, 2017, this officer contacted the offender, early in the morning, on his new cell phone number that he had provided and spoke to him about giving an invalid urinalysis in the probation office the previous day. The offender sounded like he was still in bed and this officer asked him as much and he stated that he still was. The RRC has a strict policy that all offenders are not to ...


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