Opinion
0980 2:15CR00069-RMP-3
11-17-2022
Jennifer Gomez
Asst. U.S. Attorney: Caitlin A. Baunsgard Defense Attorney: Nick Mirr
Date of Original Sentence: October 27, 2016
Petition for Warrant or Summons for Offender Under Supervision
Asst. U.S. Attorney: Caitlin A. Baunsgard
Defense Attorney: Nick Mirr
The Honorable Rosanna Malouf Peterson, Senior U.S. District Judge
PETITIONING THE COURT
Honorable Rosanna Malouf Peterson, Senior U.S. District Judge
To issue a warrant and incorporate the violations contained in this petition in future proceedings with the violations previously reported to the Court on August 31, 2022, and November 16, 2022.
On March 12, 2018, supervised release conditions were reviewed and signed by Ms. Gomez acknowledging an understanding of her conditions.
The probation officer believes that the offender has violated the following conditions of supervision:
| Violation Number | Nature of Noncompliance |
| 6 | Special Condition #19 : The defendant 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 : Jennifer Gomez is alleged to have violated her conditions of supervised release by failing to submit a valid urinalysis (UA), by using a device to defeat or falsify a UA on November 16, 2022. | |
| On November 16, 2022, during Ms. Gomez's revocation hearing, U.S. District Judge Peterson directed Ms. Gomez to report to the probation office after Court and provide a UA. Ms. Gomez told Judge Peterson she would. After Court, Ms. Gomez arrived at the probation office with her assigned federal defender, Paul Shelton. Ms. Gomez was escorted to the UA |
| bathroom by U.S. Probation Officer (USPO) Mendoza. Ms. Gomez failed to provide a UA on two separate attempts. On the third attempt, USPO Mendoza observed a nipple of a bottle protruding while Ms. Gomez was sitting on the toilet. USPO Mendoza directed Ms. Gomez to remove the device, but unfortunately, she denied any wrongdoing. Ms. Gomez was escorted from the UA bathroom to the hallway where Mr. Shelton and this officer were standing. This officer encouraged Ms. Gomez to be honest, but she continued denying using devices to defeat or falsify her UA. She was escorted out of the probation office. I explained to Ms. Gomez I would request a warrant tomorrow, and she would be contacted to turn herself into the U.S. Marshals Service. Ms. Gomez voiced her understanding. |
The U.S. Probation Office respectfully recommends the Court to incorporate the violations contained in this petition in future proceedings with the violations 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.
Kyle Mowatt 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