Opinion
0980 1:21CR02013-MKD-1
11-28-2022
Asst. U.S. Attorney: Joseph H. Harrington Defense Attorney: John Stephen Roberts, Jr
Date of Original Sentence: August 25, 2022
Asst. U.S. Attorney: Joseph H. Harrington
Defense Attorney: John Stephen Roberts, Jr
PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION
Honorable Mary K. Dimke, U.S. District Judge
PETITIONING THE COURT
To issue a summons.
A supervision intake was completed on August 30, 2022. Ms. Albers signed her conditions, indicating an understanding of the conditions imposed by the Court.
The probation officer believes that the offender has violated the following condition(s) of supervision:
Violation Number Nature of Noncompliance
1 Special Condition # 3 : 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 that Denise Albers violated the terms of her supervised release by consuming a controlled substance, methamphetamine, on or about October 21, 2022.
On October 21, 2022, Denise Albers reported to Pioneer Human Services (PHS) for the purposes of a random urinalysis. The sample tested presumptive positive for methamphetamine. Ms. Albers initially denied use. However, on November 2, 2022, she reached out to the undersigned officer and admitted to the use of methamphetamine as a response to reported stress.
2 Special Condition # 3 : 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 that Denise Albers violated the terms of her supervised by consuming a controlled substance, methamphetamine, on or about October 28, 2022.
On November 3, 2022, Ms. Albers reported to the United States Probation Office. She submitted to a urinalysis which tested presumptive positive for methamphetamine. Ms.
Albers admitted to using methamphetamine on October 28, 2022, and signed a drug use admission form.
3 Special Condition # 3 : 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 that Denise Albers violated the terms of her supervised by consuming a controlled substance, methamphetamine, on or about November 11, 2022.
On November 16, 2022, Denise Albers reported to Pioneer Human Services for the purposes of a random urinalysis. The sample tested presumptive positive for methamphetamine. Ms. Albers admitted to PHS staff that she had consumed methamphetamine on November 11, 2022, and signed a drug use admission form.
4 Special Condition #4: 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 form this substance.
Supporting Evidence : It is alleged that Denise Albers violated the terms of her supervised by consuming alcohol, on or about November 11, 2022.
On November 18, 2022, Denise Albers reported to PHS for the purposes of a substance abuse evaluation. During this evaluation, she admitted to PHS staff that she consumed alcohol on November 11, 2022.The U.S. Probation Office respectfully recommends the Court issue a summons requiring the offender 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.
Melissa Hanson U.S. Probation Officer
THE COURT ORDERS
[ ] No Action
[ ] The Issuance of a Warrant
[ X] The Issuance of a Summons
[ ] Other