Opinion
2:15CR00062
01-26-2022
Julio Nunez
Date of Original Sentence: October 26, 2016
Date Supervision Commenced: March 27, 2020
REQUEST FOR MODIFICATION TO CONDITIONS OF SUPERVISION WITH CONSENT OF OFFENDER Probation Form 49 (Waiver of Hearing) is Attached January 24, 2021
PETITIONING THE COURT
[X] To modify the conditions of supervision as follows:
Substance Abuse Treatment - You must participate in an inpatient substance abuse treatment program and follow the rules and regulations of that program. The probation officer will supervise your participation in the program (provider, location, modality, duration, intensity, etc.). You must pay the costs of the program.
CAUSE
By way of case history, on October 12, 2021, a report was submitted to the Court indicating Nunez has violated his conditions. The report listed multiple violations of the drug testing program including a positive drug test for methamphetamine. At that time, our office requested no action be taken as there was no need for any modifications.
However, he incurred additional violations shortly thereafter. He tested positive for methamphetamine on October 13, 2021, October 20, 2021 and October 26, 2021. Additionally, his drug test on October 26, 2021, was also positive for cocaine.
Additionally, Nunez missed scheduled drug tests on the following dates: October 22, 2021 and again on October 23, 2021. Nunez claimed he was ready to attend a higher level of care and return to his sober life but needed help. Therefore, he agreed to and was referred to intensive inpatient treatment through Westcare at Harris Springs Ranch.
Attached is a waiver of hearing form signed by the offender to modify his conditions accordingly. The offender was explained his right to a hearing and the assistance of counsel but waived those rights and agreed to the requested modification.
Respectfully submitted, Kamuela K Kapanui United States Probation Officer
Approved:
Joy Gabonia Supervisory United States Probation Officer
THE COURT ORDERS
[] No Action.
[] The extension of supervision as noted above.
[√]The modification of conditions as noted above
[] Other (please include Judicial Officer instructions below):