Opinion
0980 1:18CR02033-LRS-1
12-20-2024
David Navarrete
Asst. U.S. Attorney: Patrick J Cashman Defense Attorney: Ulvar Wallace Klein
Date of Original Sentence: August 1, 2019
Asst. U.S. Attorney: Patrick J Cashman
Defense Attorney: Ulvar Wallace Klein
PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION
The Honorable Lonny R. Suko, Senior U.S. District Judge
PETITIONING THE COURT
To issue a summons.
On July 8, 2024, conditions of supervised release were reviewed with Mr. Navarrete. Mr. Navarrete signed a copy of his conditions, verbalized understanding his requirements, and was provided copies.
The probation officer believes that the offender has violated the following condition(s) of supervision:
Violation Number
Nature of Noncompliance
1
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: Mr. Navarrete is considered to be in violation of his term of supervised release by failing to submit a valid urinalysis by having tampered with drug testing on or about October 17, 2024. On October 17, 2024, Mr. Navarrete reported to the probation office as required. He completed the drug test, and the results were presumptive dilute. Mr. Navarrete denied any drug use when questioned by the probation officer. The drug test report was later received from Abbot t Laboratory confirming a dilute result for specific gravity and not consistent with normal human urine, which confirmed this drug test was tampered with and was invalid.
On December 6, 2024, this officer made telephonic contact with Mr. Navarrete and questioned him about the invalid specimen he previously provided. He denied tampering, using a device, or any efforts to defeat the drug test.
2
Special Condition # 5: You must not enter into or remain in any establishment where alcohol is the primary item of sale. You must abstain from alcohol and must submit to urinalysis and Breathalyzer testing as directed by the supervising officer, but no more than 6 tests per month, in order to confirm continued abstinence from this substance. Supporting Evidence: Mr. Navarrete is considered to be in violation of his term of supervised release by having consumed alcohol on or about December 11, 2024. On December 9, 2024, Mr. Navarrete was referred to Life Renewal for substance abuse treatment and for random drug testing. Mr. Navarrete was instructed to call the color line at Life Renewal daily, Monday through Friday, and to report to Life Renewal for drug testing when his assigned color is called. On December 12, 2024, Mr. Navarrete reported to Life Renewal for drug testing as required. This drug test was sent to Abbot Laboratory for confirmation of alcohol, and the results are pending. On December 16, 2024, Mr. Navarrete admitted to the undersigned officer to having consumed alcohol, on December 11, 2024. He noted he consumed beer.
3
Special Condition # 5: You must not enter into or remain in any establishment where alcohol is the primary item of sale. You must abstain from alcohol and must submit to urinalysis and Breathalyzer testing as directed by the supervising officer, but no more than 6 tests per month, in order to confirm continued abstinence from this substance. Supporting Evidence: Mr. Navarrete is considered to be in violation of his term of supervised release by having consumed alcohol on or about December 12, 2024. On December 16, 2024, Mr. Navarrete admitted to the undersigned officer to having consumed alcohol on December 12, 2024. He noted he drank a tequila mixed drink at his mother's house. He signed an admission of use form.
4
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 substance. Supporting Evidence: Mr. Navarrete is considered to be in violation of his term of supervised release by failing to report for mandatory drug testing on or about December 19, 2024. On December19, 2024, Mr. Navarrete's assigned color for the color line at Life Renewal was called. The defendant failed to report to Life Renewal for drug testing as required on this date. Mr. Navarrete stated to the undersigned officer he calls every morning and his color was not called on December 19, 2024. Mr. Navarrete provided to the undersigned officer his phone log. However, it was confirmed that Life Renewal did call his color, blue, on the this date.
The U.S. Probation Office respectfully recommends the Court issue a summons requiring the defendant 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.
Executed on: December 20, 2024
Maria Balles U.S. Probation Officer
THE COURT ORDERS
[ ] No Action
[ ] The Issuance of a Warrant
[√] The Issuance of a Summons
[ ] 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.
[√] Defendant to appear before the Magistrate Judge. .
[ ] Other