Opinion
0980 2:18CR00022-WFN-1
11-09-2022
Asst. U.S. Attorney: Daniel Fruchter Defense Attorney: Andrea George
Date of Original Sentence: December 20, 2018
Asst. U.S. Attorney: Daniel Fruchter
Defense Attorney: Andrea George
Honorable Wm. Fremming Nielsen, Senior U.S. District Judge
PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION
Honorable Stanley A. Bastian, Chief U.S. District Judge
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 10/23/2020 and 11/05/2020.
On June 10, 2020, supervision commenced in this matter. On June 12, 2020, a supervision intake was completed. Mr. Lopez acknowledged an understanding of the conditions imposed by the Court.
The probation officer believes that the offender has violated the following condition(s) of supervision:
Violation Number Nature of Noncompliance
5 Special Condition # 4 : You 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 : It is alleged that Mr. Lopez violated the conditions of his supervised release by failing to submit to urinalysis as directed on November 4, 2022.
Mr. Lopez is enrolled in random drug testing at Pioneer Human Services (PHS). He is expected to call the testing line daily to determine if he needs to report for drug testing that same day.
On November 4, 2022, Mr. Lopez failed to appear for a random drug test at PHS.
6 Special Condition # 4 : You 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 : It is alleged that Mr. Lopez violated the conditions of his supervised release by failing to submit to urinalysis as directed on November 7, 2022.
Mr. Lopez is enrolled in random drug testing at PHS. He is expected to call the testing line daily to determine if he needs to report for drug testing that same day.
On November 7, 2022, Mr. Lopez failed to appear for a random drug test at PHS.
7 Special Condition # 4 : You 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 : It is alleged that Mr. Lopez violated the conditions of his supervised release by consuming a controlled substance, methamphetamine and amphetamine, on or about November 1, 2022.
Mr. Lopez is enrolled in random drug testing at PHS. He is expected to call the testing line daily to determine if he needs to report for drug testing that same day.
On November 1, 2022, Mr. Lopez submitted to a urinalysis test at PHS revealing presumptive positive results for methamphetamine and amphetamine. On November 9, 2022, laboratory results were received confirming the specimen submitted on November 1, 2022, was positive for methamphetamine and amphetamine.
The U.S. Probation Office respectfully recommends the Court issue a warrant 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.
Melissa Hanson U.S. Probation Officer
THE COURT ORDERS
[ ] No Action
[X] The Issuance of a Warrant
[ ] The Issuance of a Summons
[ ] Other