Opinion
0980 2:99CR02009-SAB-1
11-16-2022
Asst. U.S. Attorney: Timothy John Ohms Defense Attorney: Juliana Van Wingerden
Date of Original Sentence: August 31, 1999
Date Supervision Commenced: July 29, 2022
Date Supervision Expires: March 12, 2026
Asst. U.S. Attorney: Timothy John Ohms
Defense Attorney: Juliana Van Wingerden
THE HONORABLE FRED VAN SICKLE, SENIOR, DISTRICT JUDGE
PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION
THE HONORABLE STANLEY A. BASTIAN, CHIEF, DISTRICT JUDGE
Original Offense: Second Degree Murder, 18 U.S.C. § 1111
Original Sentence: Prison - 262 months; TSR - 60 months Type of Supervision: Supervised Release
Revocation Sentence: Prison - Time Served (21 days) TSR - 59 months
(April 9, 2021)
Revocation Sentence: Prison - Time Served (39 days) TSR - Expires March 12, 2026
(February 3, 2022)
Revocation Sentence: Prison - Time Served (73 days) TSR- Expires March 12, 2026
(July 29, 2022)
PETITIONING THE COURT
To incorporate the alleged violation contained in this petition in future proceedings with the violations previously reported to the Court on 09/06/2022.
On August 10, 2022, Mr. Wyman and this officer reviewed his conditions of supervision. He signed his judgment acknowledging an understanding of his conditions of supervision.
The probation officer believes that the offender has violated the following condition of supervision:
Violation Number
Nature of Noncompliance
2
Special Condition #5: 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 Mr. Wyman is in violation of his conditions of supervised release by consuming controlled substances, methamphetamine and marijuana, on or about November 7 and 14, 2022.
The U.S. Probation Office respectfully recommends the Court incorporate the alleged violation with the violation reported to the Court on September 6, 2022. Mr. Wyman is scheduled to appear before the Court on a supervised release revocation hearing on November 16, 2022.
On November 15, 2022, this officer spoke with staff at The Center for Alcohol and Drug Treatment. Staff reported Mr. Wyman provided a drug test on November 7, 2022, that was sent to the laboratory for testing. On November 15, 2022, the drug test returned positive for methamphetamine and marijuana.
After learning about the positive drug test, this officer spoke with Mr. Wyman on the telephone. Mr. Wyman admitted to using methamphetamine and marijuana on November 7 and 14, 2022.
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.
[X] Defendant to appear before the Judge assigned to the case.
[] Defendant to appear before the Magistrate Judge.
[x] Other .This was handled at the hearing