Opinion
A-19-CR-0004-LY(3)
10-18-2022
Sean Yadon
Assistant U.S. Attorney: Gabriel Cohen Defense Attorney: Bristol Myers- appointed
Assistant U.S. Attorney: Gabriel Cohen
Defense Attorney: Bristol Myers- appointed
HONORABLE SUSAN HIGHTOWER, UNITED STATES MAGISTRATE JUDGE
REPORT ON OFFENDER UNDER SUPERVISION
NAME OF SENTENCING JUDICIAL OFFICER HONORABLE LEE YEAKEL, U.S. DISTRICT JUDGE
PREVIOUS COURT ACTION
None.
NONCOMPLIANCE SUMMARY
Violation of Mandatory Condition No 3: “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 on probation or supervised release and at least two periodic drug tests thereafter (as determined by the court), but the condition stated in this paragraph may be ameliorated or suspended by the court if the defendant's presentence report or other reliable sentencing information indicates low risk of future substance abuse by the defendant.
Nature of Non-compliance: On October 6, 2022, the defendant submitted to a random drug test. Said test returned positive for marijuana from the lab.
U.S. Probation Officer Action: The defendant has been on supervision for approximately 14 months, and this is his first violation. The defendant disclosed that he had purchased a vape pen that contained CBD at a gas station. He reported he was unaware that a CBD product could test positive for marijuana and thought they were legal because it was purchased at a gas station. The defendant was verbally admonished and instructed to cease all use of vape pens/vape products that contained CBD. He will be required to submit to random drug testing. It is requested that no action be taken at this time to allow the defendant to regain compliance. Should he incur further violations, the Court will be notified immediately.
THE COURT ORDERS:
[✓] No Action
[ ] Submit a Request for Modifying the Conditions or Term of Supervision
[ ] Submit a Request for Warrant or Summons
[ ] Other