Opinion
0980 2:10CR00127-MKD-1
07-19-2024
David Brian Hill
Asst. U.S. Attorney: Earl Allan Hicks Defense Attorney: Nicolas V. Vieth
Asst. U.S. Attorney: Earl Allan Hicks
Defense Attorney: Nicolas V. Vieth
NAME OF SUPERVISING JUDICIAL OFFICER THE HONORABLE MARY K. DIMKE, U.S. DISTRICT JUDGE
PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION
NAME OF SENTENCING JUDICIAL OFFICER THE HONORABLE FRED VAN SICKLE, SENIOR U.S. DISTRICT JUDGE
Date of Original Sentence: June 14, 2011
Original Offense: Felon in Possession of a Firearm, 18 U.S.C. § 922(g)(1); Possession with Intent to Distribute 50 Grams or More of a Mixture or Substance Containing a Detectable Amount of Methamphetamine, 21 U.S.C. § 841(a)(1) and (b)(1)(B)(viii)
Original Sentence: Prison - 180 months Type of Supervision: Supervised Release
TSR - 72 months
PETITIONING THE COURT
To issue a warrant and to incorporate the violation(s) contained in this petition in future proceedings with the violation(s) previously reported to the Court on 02/02/2024, 05/06/2024, 05/24/2024, and 05/31/2024.
On July 5, 2022, a probation officer reviewed the judgment with Mr. Hill. He stated he understood the conditions of his supervision and signed a copy of his judgment.
The probation officer believes that the offender has violated the following condition(s) of supervision:
Violation Number Nature of Noncompliance
10 Special Condition #17 : You shall abstain from the use of illegal controlled substances, and shall submit to urinalysis testing, as directed by the supervising officer, but no more than six tests per month, in order to confirm continued abstinence from these substances.
Supporting Evidence: Mr. Hill is alleged to have violated the terms of supervised release by using a controlled substance, methamphetamine, on or about July 13, 2024.
On July 16, 2024, Mr. Hill provided a random urinalysis at Pioneer Human Services that tested presumptive positive for methamphetamine. Mr. Hill denied using methamphetamine and the urinalysis specimen was sent for confirmation. On July 17, 2024, the undersigned spoke with Mr. Hill and he readily admitted to relapsing on methamphetamine on or about July 13, 2024.
The U.S. Probation Office respectfully recommends the Court to incorporate the violation(s) contained in this petition in future proceedings with the violation(s) 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.
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