Opinion
0980 2:16CR00204-RMP-1
03-11-2022
Javier Vargas Contreras
Asst. U.S. Attorney: Richard R. Barker Defense Attorney: Christina Wong
Date of Original Sentence: February 15, 2018
Asst. U.S. Attorney: Richard R. Barker
Defense Attorney: Christina Wong
Name of Sentencing Judicial Officer The Honorable Wm. Fremming Nielsen, Senior U.S. District Judge
PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION
NAME OF SUPERVISING JUDICIAL OFFICER THE HONORABLE ROSANNA MALOUF PETERSON, SENIOR U.S. DISTRICT JUDGE
PETITIONING THE COURT
To issue a warrant and to incorporate the violation(s) contained in this petition in future proceedings with the violation(s) previously reported to the Court on 2/10/2022 and 2/24/2022.
The probation officer believes that the offender has violated the following condition(s) of supervision:
Violation Number
Nature of Noncompliance
4
Standard Condition # 4 : You must abstain from the use of illegal controlled substances, and must 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. Contreras is alleged to have violated his supervised release conditions by consuming a controlled substance, amphetamine/methamphetamine, on or before February 24, and March 7, 2022.
Per COVID-19 procedures, Mr. Contreras' supervised release conditions were verbally reviewed with him on August 26, 2020. He verbally acknowledged an understanding of his conditions, which includes special condition number 4, as noted above.
On February 23, 2022, this officer requested Alere Toxicology, Incorporated (Alere) review Mr. Contreras' reported prescribed medications as the possibility of resulting in a confirmed positive urinalysis (UA) for methamphetamine. On February 28, 2022, this officer received a laboratory interpretation letter from Alere confirming Mr. Contreras' reported prescribed medication will not result in a positive UA for methamphetamine.
On February 24, 2022, Mr. Contreras reported to the U.S. Probation Office as directed. During this same appointment, the offender expressed to this officer he did not take his prescribed medication, or a non-prescribed controlled substances, since he last informed this officer that he had discontinued taking his prescribed medication on February 16, 2022. Subsequently, Mr. Contreras was instructed to submit to a UA. The sample returned presumptive positive for amphetamine/methamphetamine. Mr. Contreras signed an admission/denial form, denying the use of the controlled substance. He then expressed to this officer that about 1 or 2 days prior he took one of his prescribed pain medications that he had previously reported to this officer. The sample was sent to Alere for confirmation.
On March 3, 2022, Alere reported Mr. Contreras' UA was confirmed positive for the presence of amphetamine/methamphetamine.
On March 7, 2022, Mr. Contreras reported to Social Treatment Opportunity Programs (STOP) and provided a UA sample, which returned presumptive positive for amphetamine/methamphetamine. Mr. Contreras signed an admission/denial form at STOP denying the use of the controlled substance. The sample was sent to Alere for confirmation and results remain pending.
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: March 11, 2022
s/Araceli Mendoza
Araceli Mendoza 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