Opinion
NO. 3: 08-CR-11 (CAR).
November 12, 2008
RE: VIOLATION OF CONDITIONS OF RELEASE
ORDER
The government has heretofore filed a PETITION FOR ACTION ON CONDITIONS OF PRETRIAL RELEASE alleging that defendant DAVID JOHNSON violated conditions of release by using marijuana on or about July 25th, September 8th, and September 23rd of 2008. Defendant JOHNSON this day appeared before the undersigned for a hearing on the government's motion; he was represented by Ms Catherine Michelle Leek of the Federal Defenders Office. The government was represented by Assistant U. S. Attorney Michael T. Solis. The defendant admitted that he had violated conditions of pretrial release as alleged in the Petition. Thus, the undersigned finds that defendant JOHNSON has violated conditions of pretrial release as alleged in the PETITION FOR ACTION ON CONDITIONS OF PRETRIAL RELEASE.
Accordingly, IT IS ORDERED AND DIRECTED:
(1) that disposition of this matter be, and it is, CONTINUED until further order of the court;
(2) that, in the meantime,
(a) defendant JOHNSON shall be released from custody and shall continue under pretrial supervision subject to all of the conditions heretofore imposed upon him;
(b) that defendant JOHNSON is specifically ordered to refrain from the use of illegal drugs and to submit to drug testing as directed by the U. S. Probation Office;
(c) that defendant JOHNSON is specifically ordered to attend drug treatment and counseling as directed by the Probation Office;
(d) that defendant JOHNSON is specifically ordered to report to his pretrial service/probation officer as directed and keep the U. S. Probation Office informed of his whereabouts; and,
(e) that defendant JOHNSON's probation officer shall immediately notify the court if defendant JOHNSON fails to abide by the above-stated orders and/or any other provisions of the Order of Pretrial Release.IN THE EVENT OF REPORTED VIOLATIONS, THE COURT WILL IMMEDIATELY ENTER AN ORDER REVOKING MR. JOHNSON' ORDER OF PRETRIAL RELEASE AND REMAND HIM WITHOUT FURTHER HEARING TO THE CUSTODY OF THE U. S. MARSHAL, BASED SOLELY UPON THE VIOLATIONS THIS DAY FOUND BY THE COURT.
SO ORDERED AND DIRECTED.