United States District Court

for the

Ea stem Distriel of Pennnlvania

April 8, 2014

U.S.A. vs. Richard Tamaccio Case No. 2:1300636M-1

Petition on Probation

COMES NOW David W. Merth U.S. PROBATION OFFICER OF THE COURT presenting an official report upon the conduct and attitude ofRichard Tamaccio who was placed on supervised release by the Honorable Herny S. Perkin. Magistrate Judge sitting in the Court at Philadelphia. PA. on the 13th day of December, 2Q11 who fixed the period of supervision at Qfil: year. and imposed the general tenns and conditions theretofore adopted by the Court and also imposed special conditions and tenns as follows:

ORIGINAL OFFENSE;

ORIGINAL SENTENCE:

SPECIAL CONDITIONS:

MODIFICATION OF CONDmONS:

DATE SUPERVISION COMMENCED:

Interference with agency function (Cowit One), disorderly conduct (Count Two), and possession of a controlled substance (Co wit Three).

The defendant was sentenced to a tenn of one year probation on all counts concurrently, with a $30.00 special assessment.

I) The defendant shall not enter within I 00 feet of Independence National Historic Park in connection with any meeting, event, group, gathering or demonstration of which the purpose is to advocate or commit a criminal act; 2) The defendant may hereby continue to reside with Rachel Friedman; and 3) The defendant shall pay a $775.00 fine within 30 days of the sentencing date.

On January 27, 2014, Your Honor modified the offender's conditions to include that the defendant shall refrain from the illegal possession and/or use of drugs and shall submit to urinalysis or other forms of testing to ensure compliance. It is further Ofdered that the defendant shall participate in drug treatment and abide by the rules of any such program witil satisfactorily discharged.

December 13, 2013

Case 2:13-mj-00636-HSP Document 34 Filed 04/14/14 Page 1 of 5

RE: Tamaccio, Richard Case No: 2: l300636M~ 1

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

Tirroughout the period of supervision, Mr. Tamaccio has associated with members of"The Panic Hour'' and/or "PhillyNORML" (i.e. Chris Goldstein, Kyle Prouty, Michael Whiter, Vanessa Graber, James Babb, Ellie Paisley, Steve Miller·Miller) who are known to promote the use of marijuana within the Independence National Historic Park located in Philadelphia, Pennsylvania. Mr. Tamaccio frequently posts comments and other materia1 on "The Panic Hour" Facebook website, which is presently used as a forum to promote the "Smokedown Prohibition" events which encourage the illegal use of marijuana at their events. It is noted that the instant offense occurred.at one such "Smokedown Prohibition" event that led to the arrest ofMr. Tamaccio and other "Panic Hour'' and/or PhillyNORML"associates.

According to an advertisement posted on "The Panic Hour" Face book website, a "Smokedown Prohibition" event is scheduled for April 20, 2014, in which participants are encouraged to bring marijuana with them to the event. While Mr. Tamaccio has claimed that he does not intend to be present for the event, Mr. Tamaccio has promoted the "Smokedown Prohibition" event through published media interviews. Additionally, although the Court permitted the offender to reside with his girlfriend, Rachael Friedman, we note that she is also associated and posts to "The Panic Hour" Facebook.

In addition to notifying the Court of these concerns, we are a1so advising Your Honor of Mr. Tamaccio's use of illegal drugs. On February 25, 2014, Mr. Tamaccio submitted a diluted drug test. When confronted with the diluted test results during an interview at the U.S. Probation Office on February 26, 2014, he admitted that on February 22, 2014, he "accidentally" ate a cookie that was laced with marijuana. He explained that he purposefully tampered with the winalysis test by consuming large amounts of water in an effort to dilute the test specimen.

On April 3, 2014, during an interview at the U.S. Probation Office, Mr. Tamaccio admitted to this officer that he used another individual's prescribed Percocet medication, and then he used cocaine. Our plan to address this noncompliance is to make arrangements for outpatient drug counseling for Mr. Tamaccio.

At this juncture, based on the above information regarding "The Panic Hour," we believe a most judicious response is for the Court to Order that the defendant shall not associate with members of the organization known as "The Panic Hour" (i.e. Chris Goldstein, Rachael Friedman, Kyle Prouty, Michael Whiter, Vanessa Graber, James Babb, Ellie Paisley and Steve Miller-Miller). The defendant is prohibited from posting material or comments in any form on "The Panic Hour" Facebook or any other social media account (i.e. Twitter, lnstagram, YouTube) that is associated with "The Panic Hour." The defendant is prohibited from promoting illegal conduct and shall not associate with individuals or organizations that promote illegal conduct (i.e. PhillyNORML). Further, the defendant shall not publicly discuss or promote "Smokedown Prohibition" events that are currently planned or scheduled in the future.

2

Case 2:13-mj-00636-HSP Document 34 Filed 04/14/14 Page 2 of 5

RE: Tamaccio, Richard Case No: 2: I 300636M- l

Regarding our proposed modification, Mr. Tamaccio has disagreed with this plan and he has executed his right to request a hearing before Your Honor. Therefore, we respectfully request the Court to schedule a hearing on this matter.

PRAYING THAT THE COURT WILL ORDER. .. THE ISSUANCE OF A SUMMONS DIRECTING THE ABOVE-NAMED PROBATIONER TO APPEAR AT A MODIFICATION OF CONDITIONS HEARING.

IL

cc: Assistant U.S. Attorney Defense Attorney Defendant

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

!Jr-hi.~ Jana G. Law SupetVising U.S. Probation Officer

Place Philadelphia. PA Date Avril 8. 2014

U.S. Magi ate Court Judge

lle"'"-Y S. f,,,,, kt-"'1 U.S. /l{.J.

3

Case 2:13-mj-00636-HSP Document 34 Filed 04/14/14 Page 3 of 5

ACKNOWLEDGMENT AND REQUEST FOR HEARING

I, Richard Tamaccio, hereby acknowledge receipt of the Notice of Request for Modification of the Conditions of Supervision, and request a hearing thereon with my reasons stated below:

Signod' ~U-,k/'( , (Date)

ACKNOWLEDGMENTANPWAIVEROFHEARJNG

I, Richard Tarnaccio, hereby acknowledge receipt of the Notice of Request for Modification of the Conditions of Supervision. I have read the Notice and urderstand that I have the right to a hearing before the Court on that request and to the assistance of counsel at the hearing. However, I hereby waive (give up) my right to a hearing and agree to the proposed modifications of conditions of supervision, I also certify that no promises have been made to me in order to induce me to give up my right to a hearing.

Signed: ______ _

(Date)

WilNESS:

l<ioo fl,.-IS?- f1t11 .... @/91<7~ Address '

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