Opinion
0980 2:07CR00170-MKD-1
06-06-2024
James Dale Midwell
PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION
Mark E. Hedge, U.S. Probation Officer.
Address of Offender: [Redacted] Hector, Arkansas 72843
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
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: Justin Lonergan Date Supervision Expires: Life
PETITIONING THE COURT
To incorporate the violations contained in this petition in future proceedings with the violations previously reported to the Court on 4/22/2024.
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
3 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 June 4, 2024.
On June 5, 2024, Mr. Midwell was instructed to report to the U.S. Probation Office for a random urinalysis. Mr. Midwell provided a urine sample that tested presumptive positive for methamphetamine. Additionally, Mr. Midwell signed an admission of use form, confirming his use of controlled substance on or about June 4, 2024. The sample was sent to Alere Laboratory for confirmation. At the time of this petition, the results of his sample remain pending.
The U.S. Probation Office respectfully recommends the Court to incorporate the violations contained in this petition in future proceedings with the violations previously reported to the Court.
I declare under penalty of perjury that the foregoing is true and correct.
THE COURT ORDERS
[ ] No Action
[ ] 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