During the first year of supervised release, after Smith voluntarily began the
“intensive supervision” of the Supervision to Aid Reentry (“STAR”) program, he
violated the conditions of his release on June 22, 2011 and again on January 11, 2012 for
continuing to use illegal substances.
(App. vol. II at 30.) Despite a brief detention
imposed by the District Court, further violations continued,
and on April 12, 2012, the
United States Probation Office petitioned for a revocation of his supervised release.
Following a hearing, the District Court found a Class C violation and revoked Smith’s
supervised release. He was subsequently sentenced to 12 months’ imprisonment and an
additional two years’ supervised release.
Smith recommenced his supervised release on April 11, 2013. Again, he violated
the conditions of his release, leading to a second revocation petition on July 5, 2013, now
at issue on appeal.
A hearing was held during which Smith and his attorney sought
His June 22, 2011 violation also included failure to complete community service. For
this violation Smith was placed in a Residential Reentry Center (“RRC”) for 60 days.
After his January violation, during which Smith refused to submit a urine sample, he was
placed into custody for seven days.
The “Violation of Supervised Release” petition lists further reasons seeking revocation:
1. April 12, 2012: urine sample that was presumptively positive for cocaine.
2. Failure to attend Intensive Outpatient Treatment.
3. Missing appointments with his probation officer on six occasions.
(App. vol. II at 30-32.)
Smith appealed this imposition and we affirmed the decision of the District Court on
January 11, 2013. See United States v. Smith, 510 F. App’x 145 (3d Cir. 2013).
The second Violation of Supervised Release Petition, noted violations, including:
1. Four failures of drug urinalyses, detecting cocaine and marijuana.
2. Twice missing urine tests.