Opinion
1:17-CR-00265-LY(1)
01-11-2022
Paulo Guillen
Assistant U.S. Attorney: Mark H. Marshall Defense Attorney: Jose I. Gonzalez-Falla Hector J. Garcia Supervising U.S. Probation Officer Heather M. Durand Senior U.S. Probation Officer
Date of Original Sentence: October 26, 2018
Assistant U.S. Attorney: Mark H. Marshall
Defense Attorney: Jose I. Gonzalez-Falla
Hector J. Garcia Supervising U.S. Probation Officer
Heather M. Durand Senior U.S. Probation Officer
Honorable Lee Yeakel, U.S. District Judge
REPORT ON OFFENDER UNDER SUPERVISION
Honorable Susan Hightower, United States Magistrate Judge
Original Offense: Felon in Possession of a Firearm, in violation of 18 U.S.C. §§ 922 (g)(1) and 924(a)(2)
Original Sentence: 37 months' imprisonment followed by a three-year term of supervised release. Special conditions include: substance abuse treatment; substance abuse testing; refrain from the use of alcohol and all other intoxicants; shall not use or possess any controlled substacnes without a valid prescription; search; shall not associate or have any type of contact with the members or associates of the Tango Blast or any prison or street gang; and a $100 special assessment (satisfied)
Type of Supervision: Supervised Release
Date Supervision Commenced: August 11, 2021
PREVIOUS COURT ACTION
On September 22, 2021, Guillen's conditions of supervision were modified to include participation in mental health treatment and shall take all mental health medications as prescribed.
NONCOMPLIANCE SUMMARY
Violation of Special Condition: “The defendant shall refrain from the use of alcohol and all other intoxicants during the term of supervision.”
Violation of Mandatory Condition No. 3: “The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of release on probation or supervised release and at least two periodic drug tests thereafter (as determined by the court), but the condition stated in this paragraph may be ameliorated or suspended by the court if the defendant's presentence report or other reliable sentencing information indicates low risk of future substance abuse by the defendant.”
Nature of Noncompliance: On November 17 and 23, and December 3, 2021, Guillen failed to submit to a random drug test.
On December 7, 2021, the defendant submitted a random drug test which returned positive for marijuana on December 28, 2021.
During a telephone contact with Guillen on January 10, 2022, he admitted to smoking marijuana on an unspecified date in December. He was verbally admonished for his use and reminded of his supervised release conditions in relation to narcotic use.
U.S. Probation Officer Action: The probation office respectfully requests no adverse action be taken at this time. Guillen began mental health and substance abuse treatment services on November 12, 2021. He attends two treatment sessions per month and submits to random drug testing. It is to be noted that random drug tests submitted by Guillen on December 20 and 23, 2021, and January 4, 2022 are probable to return positive for marijuana as the narcotic metabolizes from his system. Guillen will be closely monitored for compliance. Should he incur any further violations, the Court will be immediately notified. Accordingly, the Court reserves the right to revisit this allegation in the future.
THE COURT ORDERS:
[X] No. Action
[ ] Submit a Request for Modifying the Conditions or Term of Supervision
[ ] Submit a Request for Warrant or Summons
[√] Other ___