Opinion
0980 2:19CR00067-RMP-1
12-04-2023
Justin T. Carter
Asst. U.S. Attorney: Stephanie A. Van Marter
Asst. U.S. Attorney: Stephanie A. Van Marter
PETITIONING THE COURT
The Honorable Rosanna Malouf Peterson, Senior U.S. District Judge
To issue a SUMMONS.
On June 13, 2023, Mr. Justin Carter signed his conditions relative to case number 2:19CR00067-RMP-1, indicating he understood all conditions as ordered by the Court.
The probation officer believes that the offender has violated the following condition(s) of supervision:
Violation Number Nature of Noncompliance
1 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 determined by the court.
Supporting Evidence: Mr. Carter is alleged to have violated mandatory condition number 3 by ingesting cocaine, previously occurring on or about October 31, 2023, based on sweat patch testing.
Specifically, and as the Court may recall, a report for no action was previously filed with the Court on October 19, 2023, reporting the client's use of cocaine, subsequent to both verified sweat patch testing and the client's personal admission of having previously used the substance on or about September 18, 2023. Your Honor concurred with the undersigned officer's taken action on the day in question.
On October 11, 2023, a second sweat patch was applied for the purpose of ongoing monitoring, and on October 17,2023, the patch was removed. The result of this sample again returned positive for cocaine, but following additional collateral investigation with the verifying laboratory, the undersigned officer learned that the confirmed result was not, in of itself, conclusive of new use due to the declining levels in the second sample submitted.
On October 31, 2023, a third sweat patch was applied and subsequently removed on November 7,2023. On November 30,2023, the result of the collected sample was received by the U.S. Probation Office, with the lab result again confirming the sample was positive for cocaine. Mr. Carter was confronted as to his ongoing use of cocaine during a scheduled office appointment with him on the day in question. Mr. Carter denied any use of the drug occurring since his previous admitted use of cocaine on or about September 18, 2023.
On December 4, 2023, the contract laboratory was again contacted, who indicated that the most recent sample was indicative of the client having again ingested cocaine, further clarifying that there were no known instances for comparison in which cocaine had remained in one's system for over a month.
The U.S. Probation Office respectfully recommends the Court issue a SUMMONS requiring the offender to appear to answer to the allegation/s) contained in this petition.
I declare under penalty of perjury that the foregoing is true and correct.
Chris Heinen U.S. Probation Officer
THE COURT ORDERS
[ ] No Action
[ ] The Issuance of a Warrant
[x ] The Issuance of a Summons zq
Other