Opinion
0980 2:15CR00031-TOR-2
11-21-2024
Floyd Dean Best, Jr.
Asst. U.S. Attorney: Earl Allan Hicks Defense Attorney: Justin Lonergan
Date Supervision Commenced: November 3, 2023
Date Supervision Expires: November 2, 2026
Date of Original Sentence: January 13, 2016
Asst. U.S. Attorney: Earl Allan Hicks
Defense Attorney: Justin Lonergan
Name of Sentencing Judicial Officer: The Honorable Wm. Fremming Nielsen, Senior U.S. District Judge
PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION
Thomas O. Rice, United States District Judge.
PETITIONING THE COURT
To issue a warrant and incorporate the violation(s) contained in this petition in future proceedings with the violation(s) previously reported to the Court on 06/04/2024 and 11/13/2024.
On November 8, 2023, Mr. Best reviewed his conditions of supervision with his U.S. probation officer. 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
4 Mandatory Condition #3 : You must refrain from any unlawful use of a controlled substance. You must submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter, as directed by the probation officer.
Supporting Evidence : It is alleged that Mr. Best violated the conditions of his supervised release by using cocaine and/or fentanyl on or about November 10, 2024.
On November 19, 2024, Mr. Best's treatment provider informed the undersigned that he provided a urinalysis on November 12, 2024, that was confirmed positive for cocaine and fentanyl. The undersigned attempted to contact Mr. Best on November 19 and 20, 2024, without success. On November 21, 2024, Mr. Best returned the undersigned's phone call and
it was at that time he admitted to using “1 hit” of cocaine on or about November 10, 2024, and acknowledged it may have been laced with fentanyl.
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, and that the Court issue a warrant.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on: November 21, 2024
Jonathan C. Bot U.S. Probation Officer
THE COURT ORDERS
[ ] No Action
[X] 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