Opinion
Docket Number: 07-00273-001 PACTS Number: 48578
10-04-2012
USA v. Khaliq Lockett
Assistant U.S. Attorney: Jud Welle Defense Attorney: Chester Keller
Petition for Warrant or Summons for Offender Under Supervision
Name of Sentencing Judicial Officer: Honorable Katharine S. Hayden Senior United States District Judge
Date of Original Sentence:10/02/2007
Original Offense: Unlawful Possession of a Firearm by a Convicted Felon Original Sentence: 72 months imprisonment; 3 years supervised release; $100 Special Assessment. Type of Supervision: Supervised Release Date Supervision Commenced: 04/13/12 Assistant U.S. Attorney: Jud Welle, 970 Broad Street, Room 502, Newark, New Jersey 07102, (973) 645-2700 Defense Attorney: Chester Keller, 1002 Broad Street, Newark, New Jersey 07102, (973) 645-6347
PETITIONING THE COURT
[ ] To issue a warrant [X] To issue a summons The probation officer believes that the offender has violated the following condition(s) of supervision:
+-----------------------------------------------------------------------------+ ¦Violation¦Nature of Noncompliance ¦ ¦Number ¦ ¦ +---------+-------------------------------------------------------------------¦ ¦ ¦The offender has violated the standard supervision condition which ¦ ¦ ¦states ¦ ¦ ¦'You shall not commit another federal, state, or local crime.' ¦ ¦ ¦ ¦ ¦1 ¦On September 19, 2012, the offender was arrested by the Jersey City¦ ¦ ¦Police Department and charged with possession of CDS; possession ¦ ¦ ¦with intent to distribute CDS within 1000 feet of a school; ¦ ¦ ¦tampering with evidence; obstruction of governmental function; ¦ ¦ ¦resisting arrest; and, possession of CDS within 500 feet of public ¦ ¦ ¦property. ¦ +-----------------------------------------------------------------------------+
+-----------------------------------------------------------------------------+ ¦ ¦The offender has violated the standard supervision condition which states ¦ ¦ ¦'You shall notify the probation officer within 72 hours of being arrested ¦ ¦ ¦or questioned by a law enforcement officer.' ¦ ¦2¦ ¦ ¦ ¦The offender was bailed out of custody on September 20, 2012. The offender ¦ ¦ ¦failed to report the arrest detailed in Violation No. 1 within the 72-hour ¦ ¦ ¦time period allotted. ¦ +-+---------------------------------------------------------------------------¦ ¦ ¦The offender has violated the special supervision condition which states ¦ ¦ ¦4ALCOHOL/DRUG TESTING AND TREATMENT ¦ ¦ ¦ ¦ ¦ ¦You shall refrain from the illegal possession and use of drugs, including ¦ ¦ ¦prescription medication not prescribed in your name, and the use of ¦ ¦ ¦alcohol, and shall submit to urinalysis or other forms of testing to ensure¦ ¦ ¦compliance. It is further ordered that you shall submit to evaluation and ¦ ¦ ¦treatment, on an outpatient or inpatient basis, as approved by the U.S. ¦ ¦3¦Probation Office. You shall abide by the rules of any program and shall ¦ ¦ ¦remain in treatment until satisfactorily discharged by the Court. You shall¦ ¦ ¦alert all medical professionals of any prior substance abuse history, ¦ ¦ ¦including any prior history of prescription drug abuse. The Probation ¦ ¦ ¦Officer shall supervise your compliance with this condition.' ¦ ¦ ¦ ¦ ¦ ¦On September 12, 2012, the offender tested positive for marijuana via a ¦ ¦ ¦10-panel instant test, and executed a Drug Admission Form admitting that he¦ ¦ ¦smoked marijuana on September 5, 2012. ¦ +-+---------------------------------------------------------------------------¦ ¦ ¦The offender has violated the special supervision condition which states ¦ ¦ ¦'ALCOHOL/DRUG TESTING AND TREATMENT ¦ ¦ ¦ ¦ ¦ ¦You shall refrain from the illegal possession and use of drugs, including ¦ ¦ ¦prescription medication not prescribed in your name, and the use of ¦ ¦ ¦alcohol, and shall submit to urinalysis or other forms of testing to ensure¦ ¦ ¦compliance. It is further ordered that you shall submit to evaluation and ¦ ¦ ¦treatment, on an outpatient or inpatient basis, as approved by the U.S. ¦ ¦ ¦Probation Office. You shall abide by the rules of any program and shall ¦ ¦4¦remain in treatment until satisfactorily discharged by the Court You shall ¦ ¦ ¦alert all medical professionals of any prior substance abuse history, ¦ ¦ ¦including any prior history of prescription drug abuse. The Probation ¦ ¦ ¦Officer shall supervise your compliance with this condition.' ¦ ¦ ¦ ¦ ¦ ¦On October 1, 2012, the offender tested positive for marijuana, MDMA, and ¦ ¦ ¦amphetamines via a 10-panel instant test. The offender admitted to the ¦ ¦ ¦marijuana use, and executed a Drug Admission Form admitting that he smoked ¦ ¦ ¦marijuana on September 30, 2012; however, he denied use of MDMA or ¦ ¦ ¦amphetamines. ¦ +-+---------------------------------------------------------------------------¦ ¦ ¦The offender has violated the standard supervision condition which states ¦ ¦ ¦'The defendant shall report to the probation officer in a manner and ¦ ¦5¦frequency directed by the Court or probation officer and shall submit a ¦ ¦ ¦truthful and complete written report within the first five days of each ¦ ¦ ¦month.' ¦ +-----------------------------------------------------------------------------+
+-----------------------------------------------------------------------------+ ¦¦With the exception of submitting a monthly report via the Internet for the ¦ ¦¦months of March and August 2012, the offender has failed to complete monthly¦ ¦¦reports for all months he has been under supervision. ¦ +-----------------------------------------------------------------------------+
I declare under penalty of perjury that the foregoing is true and correct.
By: Gisella M. Bassolino
U.S. Probation Officer
THE COURT ORDERS: [ ] The Issuance of a Warrant [×] The Issuance of a Summons. Date of Hearing: 10/15/12 [ ] No Action [ ] Other
________________
Signature of Judicial Officer