Opinion
A-13-CR-468(01)-LY
01-10-2022
Assistant U.S. Attorney: Mark H. Marshall Defense Attorney: David M. Gonzalez-Retained Bartosz Szatkowski, Senior United States Probation Officer Craig A. Handy, Supervising, United States Probation Officer
Date of Original Sentence: June 6, 2014
Assistant U.S. Attorney: Mark H. Marshall
Defense Attorney: David M. Gonzalez-Retained
Bartosz Szatkowski, Senior United States Probation Officer
Craig A. Handy, Supervising, United States Probation Officer
Honorable Lee Yeakel, United States District Judge
REPORT ON OFFENDER UNDER SUPERVISION
Honorable Susan Hightower, United States Magistrate Judge
Original Offense: Possession with Intent to Distribute Cocaine Base, in violation of 21 U.S.C. §§ 841(b)(1)(C) and 846
Original Sentence: 108 months custody of the Bureau of Prisons, followed by a three (3) year term of supervised release; Special conditions include participation in a substance abuse program, workforce development program, alcohol abstinence, working towards obtaining GED, search and seizure; and a $100 special assessment
Type of Supervision: Supervised Release
Date Supervision Commenced: November 17, 2021
PREVIOUS COURT ACTION
On November 13, 2015, the offender's motion to reduce sentence pursuant to 18 U.S.C. § 3582(c)(2) was denied.
On December 21, 2018, the offender's second motion to reduce sentence pursuant to 18 U.S.C. § 3582(c)(2) was denied.
NONCOMPLIANCE SUMMARY
Violation of Standard Condition No. 7: “The defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or any paraphernalia related to any controlled substance, except as prescribed by a physician.”
Nature of Non-compliance: On December 7, 2021, and December 14, 2021, the offender submitted to random drug testing which returned positive from the lab for marijuana. The offender admitted to said use.
U.S. Probation Officer Action: On January 3, 2022, the offender reported as instructed and signed an admission form regarding his drug usage. The offender reported no further usage after December 24, 2021. Since the offender is on random drug testing there is a likelihood that any further tests in January will show positive due to residual use. Brewer will be monitored for any further drug usage through increased random drug testing. Accordingly, the Court reserves the right to revisit this allegation in the future, and should the offender incur any further violations, the Court will be notified immediately.
Respectfully submitted, THE COURT ORDERS:
[√] No Action
[ ] The Extension of Supervision as Noted Above.
[ ] The Modification of Conditions as Noted Above.
[ ] Other