Opinion
0980 2:15CR00031-WFN-2
11-09-2022
Floyd Dean Best
Asst. U.S. Attorney: Russell E. Smoot Defense Attorney: Justin Lonergan
Date of Original Sentence: January 13, 2016
Asst. U.S. Attorney: Russell E. Smoot
Defense Attorney: Justin Lonergan
The Honorable Justin L. Quackenbush, Senior U.S. District Judge
PETITIONING THE COURT
THE HONORABLE WM. FREMMING NIELSEN, SENIOR U.S. DISTRICT JUDGE
To incorporate the violation(s) contained in this petition in future proceedings with the violation(s) previously reported to the Court on 07/14/2022, 08/31/2022, and 10/24/2022.
On June 12, 2019, Mr. Best and a probation officer reviewed his conditions of supervision. He signed his judgment acknowledging an understanding of his conditions of supervision.
The probation officer believes that the offender has violated the following condition(s) of supervision:
Violation Number
Nature of Noncompliance
12
Special Condition #17: You shall abstain from the use of illegal controlled substances, and shall 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. Best is alleged to have violated the terms of his supervision by providing a urinalysis sample that was positive for fentanyl on or about October 27, 2022.
On October 31, 2022, this officer received a call from Mr. Best's treatment counselor who reported Mr. Best provided a positive drug screen for fentanyl on October 27, 2022. This officer spoke to Mr. Best on November 2, 2022, and when confronted regarding the results he advised he “was not going to fight it anymore.” As Mr. Best was vague, this officer directed him to call the following morning. The following morning, Mr. Best left a voicemail admitting to using a “foil.”
13
Special Condition #15: You must undergo periodic substance abuse evaluations at the direction of your supervision officer and, if indicated by a licensed/certified treatment provider, enter into and successfully complete an approved substance abuse treatment program, which could include inpatient treatment and aftercare upon further order of the court. You must contribute to the cost of treatment according to your ability to pay. You must allow full reciprocal disclosure between the supervising officer and treatment provider.
Supporting Evidence : Mr. Best is alleged to have violated the terms of his supervision by failing to attend treatment on or about November 7, 2022.
On November 7, 2022, this officer received information from Mr. Best's treatment counselor advising Mr. Best failed to attend treatment as required on this date. This officer attempted to contact Mr. Best to no avail.
The U.S. Probation Office respectfully recommends the Court to incorporate the violation(s) contained in this petition in future proceedings with the violation(s) previously reported to the Court.
I declare under penalty of perjury that the foregoing is true and correct.
Emely Cubias U.S. Probation Officer
THE COURT ORDERS
[ ] No Action
[ ] The Issuance of a Warrant
[ ] The Issuance of a Summons
[X ] The incorporation of the violation(s) contained in this petition with the other violations pending before the Court.
[ ] Defendant to appear before the Judge assigned to the case.
[X] Defendant to appear before the Magistrate Judge.
[ ] Other