Did Woloszyn's Uncorroborated Statements to the Probation Officer Prove Woloszyn Violated the Terms of His Supervised Release?

QUESTIONS PRESENTED I. Did Woloszyn’s Uncorroborated Statements to the Probation Officer Prove Woloszyn Violated the Terms of His Supervised Release? II. Does a Violation of Supervised Release require the Probationer act “willfully” and “knowingly” or just “knowingly?” Il. Did Woloszyn Commit the California Crime of Criminal Threat Even if the Person Allegedly Threatened Did not Unequivocally Believe Woloszyn Would Act on his Threat? IV. Did the District Court Impose an Unreasonable Prison Sentence in light of Woloszyn’s Inability to Overcome His Severe Addiction to Drugs? ii LIST OF RELATED CASES U.S.A. v. Joseph Woloszyn, No. 2:18-cr-07, U.S. District Court for the Eastern District of California, Judgment entered September 23, 2021. (Dkt 52) iii TOPICAL INDEX Page QUESTIONS PRESENTED . ii LIST OF RELATED CASES . hii REGULATIONS INVOLVED . 0 00504-2 CUSTODY STATUS OF PETITIONER .2 A. Woloszyn’s Guilty Plea .2 B. The Revocation Proceedings .3 REASONS TO GRANT CERTIORARI .4 I. THE GOVERNMENT FAILED TO PROVE, BY A PREPONDERANCE OF THE EVIDENCE, THAT WOLOSZYN VIOLATED THE TERMS OF HIS SUPERVISED RELEASE .4 A. Introduction . 0.00.00. e eee A B. The Burden of Proof at a Supervised Release Revocation Hearing .62.-4 C. The Government Failed to Prove that Woloszyn Illegally Used Drugs (Charge 1).5 1. The Facts . 0.0... cee eee OD 2. Woloszyn’s Uncorroborated Statement Failed to Prove He Violated His Supervised Release .5 lv D. The Government Failed to Prove that Woloszyn Willfully Failed to Report for Drug Testing (Charge 3) 2.0... 0... ccc eee T E. Violations for Vandalism and Making Threats (Charge 5) . 0... cece eee ee LZ 1. The Facts . 0.0... ccc eee eee ee LZ 2. The Elements of a Criminal Threat.12 3. The Government Failed to Prove that Woloszyn Committed the Crime of Criminal Threat . 13 II. THE DISTRICT COURT IMPOSED AN UNREASONABLE SENTENCE IN LIGHT OF WOLOSZYN’S INABILITY TO OVERCOME HIS ADDICTION TO DRUGS .15 A. Introduction . 0 e 2 15 B. Standard of Review.16 C. Application of Guidelines After Revocation of Supervised Release . 16 D. The District Court Imposed an Unreasonable Sentence . 0.0... ee eee 18