Opinion
0980 4:15CR06004-SAB-1
01-29-2024
Felix M. Diaz
Honorable Salvador Mendoza, Jr., U.S. District Judge.
PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION
Elizabeth Lee U.S. Probation Officer.
PETITIONING THE COURT
To issue a summons.
On November 8, 2021, and December 26, 2023, all the conditions of supervised release were reviewed with Mr. Diaz. He acknowledged an understanding of his conditions of supervision and signed a copy of his conditions. Mr. Diaz was referred to Riverview Counseling and Consulting for sex offender treatment services.
The probation officer believes that the offender has violated the following conditions of supervision:
Violation Number Nature of Noncompliance
1 Special Condition #23: You must allow the probation officer to install monitoring software on any of the following used by you: computers, other electronic communications or data storage devices or media, that can receive, store, or otherwise possess materials with depictions of “sexually explicit conduct” (as defined by 18 U.S.C. § 2256(2)) involving children, or “actual sexually explicit conduct” (as defined by 18 U.S.C. § 2257(h)(1)) involving adults.
Supporting Evidence : Mr. Diaz is considered to be in violation of his conditions of supervised release by accessing the Internet without permission and without the installation of monitoring software on or about January 8, 2024.
On January 8, 2024, the undersigned officer and Supervisory Probation Officer Janie Coronado went to Mr. Diaz' home for a random home visit. Standing outside of the house we observed through the living room window that the television was on and playing a video of what appeared to be of an adult cross-dresser wearing thong lingerie dancing in a sexual manner, touching themselves on the breast area, and exposing the buttocks. At first, Mr.
Felix denied this behavior even though he was confronted with what we saw. After further discussion, he admitted to accessing the Internet on YouTube and viewing the above mentioned video. Later, during an office visit on January 26,2024, Mr. Diaz admitted to the undersigned officer to having accessed the hiternet to watch similar videos a couple of times per week for arousal purposes since his release from confinement in December 2023.
Mr. Diaz did not have permission to access to the Internet without a monitoring software and he did not disclose this behavior to the probation officer or the sex offender therapist before this behavior was discovered during the home visit mentioned above.
2 Special Condition #15: Defendant shall actively participate and successfully complete an approved state-certified sex offender treatment program. Defendant shall follow all lifestyle restrictions and treatment requirements of the program. Defendant shall participate in special testing in the form of polygraphs, in order to measure compliance with the treatment program requirements. Defendant shall allow reciprocal release of information between the supervising officer and the treatment provider. Defendant shall pay for treatment and testing according to defendant's ability.
Supporting Evidence: Mr. Diaz is considered to be in violation of his conditions of supervised release by failing to comply with Iris sex offender treatment program on or about January 8, 2024.
On January 9, 2024. the sex offender treatment provider reported Mr. Diaz to be in noncompliance with his treatment plan due to him accessing the Internet without advance permission to view adult male cross-dressing videos for sexual arousal purposes.
The U.S. Probation Office respectfully recommends the Court issue a summons requiring the defendant to appear to answer to the allegations contained in this petition.
I declare under penalty of perjury that the foregoing is true and correct.
THE COURT ORDERS
[ ] No Action
[ ] The Issuance of a Warrant
[X] The Issuance of a Summons
[ ] Other