Opinion
1:01-CR-212(01)LY
04-27-2022
Donald Lynn Givens
PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION
PREVIOUS COURT ACTION
On November 1, 2021, the case was reassigned to the docket of U.S. District Judge Lee Yeakel.
On November 9, 2021, a Probation Form 12B was filed with the Court to include the following conditions: substance abuse counseling, inpatient treatment, and a search condition in response to his positive drug testing for cocaine on October 27 and October 29, 2021.
PETITIONING THE COURT
[ X ] To issue a warrant [ ] To issue a summons
The probation officer believes that the offender has violated the following condition(s) of supervision:
Violation of Special Condition: “The defendant shall participate in a substance abuse treatment program and follow the rules and regulations of that program. The program may include testing and examination during and after program completion to determine if the defendant has reverted to the use of drugs. The probation officer may supervise the participation in the program. The defendant shall pay the costs of such treatment to the extent the defendant is financially able.”
Nature of Noncompliance: On April 1st and April 14th, 2022, Givens has failed to submit to random drug testing as a requirement of his substance abuse counseling. Furthermore, he has not attended any counseling sessions since March 14th. He has missed the following counseling sessions: March 28th, April 11th, April 12th and April 25th, 2022.
Violation of Standard Condition No. 2: “The defendant shall report to the Probation Officer and submit a truthful and complete written report within the first five days of each month.”
Nature of Noncompliance: The defendant failed to submit a monthly report form for the month of April 2022.
Violation of Standard Condition No. 6: “The defendant shall notify the Probation Officer at least ten days prior to any change in residence or employment.”
Nature of Noncompliance: On April 5, 2022, it was discovered that Givens had been terminated from his employer due to not reporting for work and making no attempt to contact his employer. His employer advised that Givens last reported to work on March 31st, 2022. Givens failed to notify the probation officer of any change of his employment.
Further, the offender's sister advised that Givens has not resided at the residence for over three (3) weeks and his current whereabouts are unknown.
Violation of Standard Condition No. 11: “The defendant shall notify the Probation Officer within seventy-two hours of being arrested or questioned by a law enforcement officer.”
Nature of Noncompliance: On April 20, 2022, Austin Police Department contacted the offender at The Mueller Apartments in Austin, Texas. According to the responding officer, the offender was issued a criminal trespass warning and advised not to return to the property. Givens failed to report his contact with law enforcement to this writer within 72 hours.
U.S. Probation Officer Recommendation: Mr. Givens' current whereabout are unknown and he is considered absconded supervision. It is respectfully recommended a warrant be issued and his term of supervised release be revoked.
Approved by, Respectfully submitted, Hector J. Garcia Supervising U.S. Probation Officer U.S.
[ ] recommend [ ] does not recommend Justification: ___
THE COURT ORDERS:
[ ] No Action
[ ] The Issuance of a Warrant
[ ] The Issuance of a Summons
[ ] Other