Opinion
0980 4:19CR06048-MKD-2
12-28-2023
Lazaro Diaz
Asst. U.S. Attorney: Stephanie A. Van Marter Defense Attorney: Federal Defender
Date of Original Sentence: July 20, 2023
Asst. U.S. Attorney: Stephanie A. Van Marter
Defense Attorney: Federal Defender
NAME OF SENTENCING JUDICIAL OFFICER THE HONORABLE MARY K. DIMKE, U.S. DISTRICT JUDGE
PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION
PETITIONING THE COURT
To incorporate the violations contained in this petition in future proceedings with the violation previously reported to the Court on 12/12/2023.
On July 28, 2023, conditions of supervised release were reviewed with Mr. Diaz. He signed a copy of his conditions and verbalized understanding his requirements.
The probation officer believes that the offender has violated the following conditions of supervision:
Violation Number
Nature of Noncompliance
2
Special 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 : Lazaro Diaz is considered to be in violation of his term of supervised release by having used a controlled substance, methamphetamine, on or before December 11, 2023.
On December 11, 2023, Mr. Diaz reported to the probation office as instructed and submitted a urine sample that was presumptive positive for methamphetamine. Mr. Diaz denied any drug use. The urine sample was sent to the contracted laboratory and confirmation was received on December 18, 2023, positive for methamphetamine.
3
Special 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 : Lazaro Diaz is considered to be in violation of his term of supervised release by having used a controlled substance, methamphetamine, on or before December 18, 2023.
On December 18, 2023, Mr. Diaz reported to the probation office as instructed and submitted a urine sample that was presumptive positive for methamphetamine. Mr. Diaz denied any drug use. The urine sample was sent to the contracted laboratory and results are pending.
4
Special 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 : Lazaro Diaz is considered to be in violation of his term of supervised release by having used a controlled substance, methamphetamine, on or about December 24, 2023.
On December 26, 2023, Mr. Diaz reported to the probation office as instructed and submitted a urine sample that was presumptive positive for methamphetamine. Mr. Diaz verbally admitted his use, and completed the drug use admission form indicating he used on December 24, 2023. The urine sample was sent to the contracted laboratory and results are pending.
The U.S. Probation Office respectfully recommends the Court to incorporate the violations contained in this petition in future proceedings with the violation previously reported to the Court.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on: December 28, 2023
Jose Valencia
U.S. Probation Officer
THE COURT ORDERS
[ ] No Action
[ ] 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