Opinion
0980 2:17CR00216-SMJ-1
08-19-2022
Benjamin L. Higgins
Earl Allan Hicks Colin Prince
Date of Original Sentence: January 28, 2020
Earl Allan Hicks
Colin Prince
Petition for Warrant or Summons for Offender Under Supervision
PETITIONING THE COURT
THE HONORABLE SALVADOR MENDOZA, JR., DISTRICT JUDGE
To issue a summons.
On August 3, 2022, the undersigned officer reviewed a copy of the conditions of supervision with Mr. Higgins as outlined in the judgment and sentence. Mr. Higgins signed his judgment acknowledging an understanding of those conditions.
The probation officer believes that the offender has violated the following condition(s) of supervision:
Violation Number
Nature of Noncompliance
1
1 Mandatory Condition #3: You must refrain from any unlawful use of a controlled substance. You must submit to one drug test within 15 days of release from imprisonment and at least two periodic drug test thereafter, as determined by the court.
Supporting Evidence: It is alleged Mr. Higgins violated the above-stated condition by using methamphetamine, an illegal controlled substance, on or about August 16, 2022.
On August 18, 2022, Mr. Higgins reported for an office appointment as directed. He was asked to provide a random urine sample. The sample provided tested presumptive positive
for methamphetamine and fentanyl. Mr. Higgins admitted using methamphetamine on or about August 16, 2022. He signed an admission form, but denied fentanyl use. The sample was sent off for confirmation and the results are pending.
The U.S. Probation Office respectfully recommends the Court issue a summons requiring the offender to appear to answer to the allegation(s) 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