Opinion
A-21-CR-185(01)-LY
01-06-2022
Enrique Matos-Herrera
Assistant U.S. Attorney: Joshua David Hurwit Defense Attorney: Dartanyon Gabriel Burrows
Date of Original Sentence: March 15, 2017
Date Supervision Commenced: July 10, 2020
Assistant U.S. Attorney: Joshua David Hurwit
Defense Attorney: Dartanyon Gabriel Burrows
Name of Sentencing Judicial Officer: Honorable Edward J. Lodge, Senior U.S. District Judge.
PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION
Honorable Susan Hightower U.S. Magistrate Judge.
Original Offense: Count 1: Conspiracy to Commit Wire Fraud, in violation of 18 U.S.C. § 1343; Counts 8-11: Wire Fraud, in violation 18 U.S.C. § 1343; Counts 31-34: Aggravated Identity Theft, in violation of 18 U.S.C. § 1028A
Original Sentence: Counts 1 and 8-11:Twenty-four (24) months' imprisonment, to be served concurrently and for Counts 31-34: Twenty-Four (24) months' imprisonment to be served concurrently with each other but consecutively with the terms imposed in Counts 1 and 8-11, for a total of Forty-Eight (48) months' imprisonment, followed by three (3) years of supervised release for Count 1 and 8-11 and one (1) year supervised release on each of Counts 31-34, all terms running concurrently. Special conditions include: search, provide financial information, no new credit lines, comply with Immigration and Customs Enforcement, and $900 special assessment, and $30,620.58 restitution.
PREVIOUS COURT ACTION
On December 30, 2020, a Probation Form 12C was filed with the Court in the District of Idaho alleging the defendant absconded from supervision after his release into the community from immigration custody on or about December 1, 2020. The Court issued a warrant for the defendant's arrest. On March 20, 2021, the defendant was arrested on the warrant out of the District of Idaho in the Western District of Texas. On April 7, 2021, a Court Order was submitted by the Court in the Western District of Texas, Austin Division, granting the defendant bond and release from custody. On April 13, 2021, the petition was dismissed, and the defendant commenced his supervision in the Western District of Texas.
On June 15, 2021, the District of Idaho was notified the defendant submitted a positive urinalysis for marijuana and cocaine as well as admitted use of alcohol. A Probation Form 12A was submitted to the Court and the defendant was placed on increased random drug testing to continue monitoring his drug use. It was recommended no further action be taken. The Court concurred.
On September 24, 2021, a Probation Form 12A was submitted to the Court by the District of Idaho informing the Court the defendant submitted a positive urinalysis on September 8, 2021, for cocaine as well as admitted use of cocaine on or about September 15, 2021. The defendant was enrolled in substance abuse treatment. A transfer of jurisdiction was also initiated by the District of Idaho. It was recommended no further action be taken. The Court concurred.
On September 28, 2021, jurisdiction was transferred from the District of Idaho, Boise Division, to the Western District of Texas, Austin Division.
PETITIONING THE COURT
[X] To issue a warrant
[ ] To issue a summons
The probation officer believes that the offender has violated the following condition(s) of supervision:
Violation of Mandatory Condition 2: “You must not unlawfully possess a controlled substance.”
Violation of Standard Condition 13: “You must follow the instructions of the probation officer related to the conditions of supervision.”
Nature of Non-compliance: On June 4, 2021, the defendant provided a positive urinalysis sample for marijuana and cocaine and admitted to alcohol use.
On September 8, 2021, the defendant provided a positive urinalysis sample for cocaine and admitted to last using cocaine on or about September 15, 2021.
Additionally, the defendant has failed to submit to random drug testing as directed on the following dates: October 26, 2021; November 5th, 15th, and 17th of 2021; December 2nd, 10th, 15th of 2021, and on January 3, 2022.
Violation of Standard Condition 2: “After initially reporting to the probation office you will receive instructions from the court or the probation officer about how and when you must report to the probation officer, and you must report to the probation officer as instructed.”
Nature of Non-compliance: The defendant was last seen at his residence on October 5, 2021. Attempts to contact the defendant have been unsuccessful and he is considered absconded supervision.
Violation of Standard Condition 7: You mut work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer excuses you from doing so. If you do not have full-time employment you must try to find full-time employment, unless the probation officer excuses you from doing so. If you plan to change where you work or anything about your work (such as your position of your responsibilities), you must notify the probation officer at least 10 days before the change. If notifying the probation officer at least 10 days in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of becoming aware of a change or expected change.
Nature of Non-compliance: The defendant has been unemployed since his inception of supervision in the Austin Division.
Violation of Special Condition: “ The defendant shall pay any special assessment or other financial obligation that is imposed in accordance with the Schedule of Payments as ordered by the Court. “
Nature of Non-compliance: The defendant was ordered to pay a $900 special assessment fee and $30,620.58 in restitution. As of this date, he has a balance of $458.00 towards his special assessment fee and a balance of $21,572.35 towards his restitution. He last made a payment on August 27, 2021, towards his special assessment. His co-defendants have made all the payments towards the restitution, and he has not made any payments.
U.S. Probation Officer Recommendation: Due to the violations noted above and the defendant's absconder status, it is recommended a warrant be issued to address said violations and the defendant's term of supervised release be revoked.
Hector J. Garcia, Supervising U.S. Probation Officer
Miguel Rodriguez, U.S. Probation Officer
Gabe Cohen, Assistant U.S. Attorney
THE COURT ORDERS:
[ ] No Action
[X] The Issuance of a Warrant
[ ] The Issuance of a Summons
[ ] Other