Opinion
Cr.: 06-790-03 PACTS Number. 47088
01-07-2013
In re: Yves Desir
Request for Modifying the Conditions or Term of Supervision
with Consent of the Offender
(Probation Form 49, Waiver of Hearing is Attached)
Name of Offender Yves Desir, Jr. Name of Sentencing Judicial Officer Honorable Susan D. Wigenton, United States District Judge Dale of Original Sentence: 06/01/09 Original Offense: Conspiracy to Defraud the Government with Respect to Claim Original Sentence: 4 years probation. $100 special assessment and $63,683.57 in restitution. Special conditions: 1) 6 months Location Monitoring Program; 2) full financial disclosure; 3) cooperate with the Internal Revenue Service; 4) mental health evaluation and treatment; and, 5) no new debt or additional lines of credit Type of Supervision: Probation Date Supervision Commenced: 06/01/09
PETITIONING THE COURT
[ ] To extend the term of supervision for Years, for a total term of Years. [×] To modify the conditions of supervision as follows. The addition of the following special condition(s):
ALCOHOL/DRUG TESTING AND TREATMENT
You shall refrain from the illegal possession and use of drugs, including prescription medication not prescribed in your name, and the use of alcohol, and shall submit to urinalysis or other forms of testing to ensure compliance. It is further ordered that you shall submit to evaluation and treatment, on an outpatient or inpatient basis, as approved by the U.S. Probation Office. You dial) abide by the rules of any program and shall remain in treatment until satisfactorily discharged by the Court You shall alert all medical professionals of any prior substance abuse history, including any prior history of prescription drug abuse. The Probation Officer shall supervise your compliance with this condition.
CAUSE
On October 9,2012, Desir tested positive for marijuana (National Testing Lab specimen #B02149127). Desir admitted to smoking marijuana on August 1, 2012, while celebrating his birthday.
Respectfully submitted,
By: Adriana Garcia
U.S. Probation Officer
THE COURT ORDERS: [×] The Modification of Conditions as Noted Above
[ ] The Extension of Supervision as Noted Above
[ ] No Action
[ ] Other
______________________
Signature of Judicial Officer