Opinion
0980 1:20CR02031-SAB-1
06-21-2023
United States v. Johnny Thomas Axtell
PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION
PETITIONING THE COURT
To issue a summons.
On February 15, 2023, conditions of release were reviewed and signed by Mr. Axtell, acknowledging an understanding.
The probation officer believes that the offender has violated the following conditions of supervision:
Violation Number
Nature of Noncompliance
1
Special Condition #3 : You must abstain from the use of illegal controlled substances, and must submit to urinalysis and sweat patch testing, as directed by the supervising officer, but no more than 6 tests per month, in order to confirm continued abstinence from these substances.
Supporting Evidence : Mr. Axtell is alleged to have violated his supervised release conditions by consuming methamphetamine on or about May 15, 2023.
On May 16, 2023, this officer received a telephone call from staff at Merit Resource Services (Merit) stating that Mr. Axtell had arrived the day prior for his colorline urinalysis (UA) test; however, it was 5 minutes before the location was closing. Mr. Axtell admitted to Merit staff that his UA would be positive for methamphetamine. Merit staff encouraged Mr. Axtell to contact this officer.
On May 17, 2023, Mr. Axtell contacted this officer via telephone. This officer discussed the recent relapse from May 15, 2023, and Mr. Axtell acknowledged some triggers for the relapse were family related as a relative had passed away. Mr. Axtell also admitted that his last consumption of methamphetamine was on Monday, May 15, 2023.
2
Special Condition #3: You must abstain from the use of illegal controlled substances, and must submit to urinalysis and sweat patch testing, as directed by the supervising officer, but no more than 6 tests per month, in order to confirm continued abstinence from these substances.
Supporting Evidence : Mr. Axtell is alleged to have violated his conditions of supervised release by failing to provide a UA to Merit as directed on May 18, 2023.
On May 19, 2023, this officer received notification from staff at Merit that Mr. Axtell had missed his colorline UA on May 18, 2023. That same day, this officer contacted Mr. Axtell via telephone whereby this officer informed Mr. Axtell he had missed his colorline UA the day prior. Mr. Axtell admitted he had forgotten to provide the colorline UA on May 18, 2023, but assured this officer he would provide one on May 19, 2023. This officer told Mr. Axtell that he would notify Merit staff of his arrival before 5 p.m. that day.
Later in the day on May 19, 2023, this officer received notification from Merit that Mr. Axtell's UA had returned positive for amphetamine and methamphetamine. Mr. Axtell also signed an admission/denial form at Merit admitting his consumption of amphetamine and methamphetamine.
3
Special Condition #3: You must abstain from the use of illegal controlled substances, and must submit to urinalysis and sweat patch testing, as directed by the supervising officer, but no more than 6 tests per month, in order to confirm continued abstinence from these substances.
Supporting Evidence : Mr. Axtell is alleged to have violated his supervised release conditions by consuming methamphetamine on or about May 19, 2023.
Please refer to the supporting evidence narrative in Violation #2.
The U.S. Probation Office respectfully recommends the Court issue a summons requiring the defendant to appear to answer to the allegations contained in this petition.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on: June 20, 2023
Kyle Mowatt U.S. Probation Officer
THE COURT ORDERS
[ ] No Action
[ ] The Issuance of a Warrant
[X] The Issuance of a Summons, [] Other