Opinion
0980 2:07CR00170-MKD-1
04-22-2024
James Dale Midwell
PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION
Name of Sentencing Judicial Officer The Honorable Fred Van Sickle, Senior U.S. District Judge Name of Supervising Judicial Officer The Honorable Mary K. Dimke, U.S. District Judge
Address of Offender:, Hector, Arkansas 72843
Date of Original Sentence: October 28, 2008
Original Offense: Possession of Child Pornography, 18 U.S.C. § 2252A(a)(5)(B)
Original Sentence: Prison - 95 months Type of Supervision: Supervised Release
TSR - Life
Asst. U.S. Attorney: Alison Gregoire Date Supervision Commenced: August 22, 2014
Defense Attorney: Carter Liam Powers Beggs Date Supervision Expires: Life
PETITIONING THE COURT
To issue a summons.
On August 22, 2014, a United States probation officer reviewed a copy of the conditions of supervision with Mr. Midwell as outlined in the judgment and sentence. Mr. Midwell acknowledged an understanding of those conditions.
The probation officer believes that the offender has violated the following conditions of supervision:
Violation Number Nature of Noncompliance
1 Mandatory Condition #3 : The defendant shall not unlawfully possess a controlled substance. 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 from imprisonment and at least two periodic drug tests thereafter, as determined by the Court.
Supporting Evidence : Mr. Midwell allegedly violated the above-stated condition of supervision by using an illicit controlled substance, specifically methamphetamine, on or about November 28, 2023.
On November 28, 2023, Mr. Midwell provided a urine sample that tested positive for methamphetamine. Alere toxicology confirmed Mr. Midwell's urine sample tested positive for methamphetamine on December 20, 2023. Despite the positive test result, Mr. Midwell denies any recent drug use.
2 Mandatory Condition #3 : The defendant shall not unlawfully possess a controlled substance. 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 from imprisonment and at least two periodic drug tests thereafter, as determined by the Court.
Supporting Evidence : Mr. Midwell allegedly violated the above-stated condition of supervision by using an illicit controlled substance, specifically methamphetamine, on or about March 28, 2024.
On March 28, 2024, Mr. Midwell provided a urine sample that tested positive for methamphetamine. Alere toxicology confirmed Mr. Midwell's urine sample tested positive for methamphetamine on April 11, 2024. Despite the positive test result, Mr. Midwell denies any recent drug use. The U.S. Probation Office respectfully recommends the Court issue a summons requiring the offender to appear to answer to the allegations contained in this petition.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on: 04/22/2024
Mark E. Hedge U.S. Probation Officer
THE COURT ORDERS
[ ] No Action
[ ] The Issuance of a Warrant
[X ] The Issuance of a Summons
[ ] Other