Opinion
A-09-CR-130(T)-LY
10-21-2022
Ruben Avila
PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION
HONORABLE SUSAN HIGHTOWER U.S. MAGISTRATE JUDGE
PREVIOUS COURT ACTION
On July 11,2022, a Probation Form 12A was filed with the Court to advise of Avila testing positive for cocaine. It was recommended that no action be taken to allow Avila to continue substance abuse counseling. The Court concurred
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 Special Condition: “The defendant shall participate in a program approved by the United States Probation office for treatment of narcotic addiction or drug or alcohol dependency which may include testing and examination to determine if the defendant has reverted to the use of drugs or alcohol The defendant may be required to contribute to the costs of services rendered (copayment) in an amount to be determined by the probation officer, based on the defendant's ability to pay.”
Nature of Non-compliance: On March 7, 2022, the defendant was placed in substance abuse treatment and was ordered to attend two counseling sessions per month in conjunction to weekly urinalysis. Additionally, he was instructed to follow the rules and regulations of the program. The defendant attended his initial counseling session on March 14, 2022; however, the defendant failed to attend his individual counseling sessions on April 27, 2022, May 18, 2022, June 16, 2022, July 21, 2022, and did not schedule any individual counseling sessions for August or September 2022.
Additionally, the defendant failed to submit to drug tests scheduled on July 14, 2022, July 26, 2022, August 1, 2022, August 16, 2022, and September 2, 2022.
The defendant was unsuccessfully discharged from drug treatment on September 7, 2022.
Violation of Standard Condition No. 2: “The defendant shall report to the Probation Officer and shall submit a truthful and complete written report within the first five days of each month.”
Nature of Non-compliance: On August 18, 2022, this USPO communicated with the defendant and instructed him to report on August 19, 2022. The defendant failed to report as instructed.
U.S. Probation Officer Recommendation: The term of supervision should be revoked.
Lauro Garza, U.S. Probation Officer
Craig A. Handy Supervising U.S. Probation Officer
THE COURT ORDERS:
[ ] No Action
[√] The Issuance of a Warrant
[ ] The Issuance of a Summons
[ ] Other .