Opinion
Docket Number: 07-00512-001 PACTS Number: 46767
10-05-2012
USA v. James Blocker
Petition for Warrant or Summons for Offender Under Supervision
Name of Sentencing Judicial Officer: HONORABLE DICKINSON R. DEBEVOISE
SENIOR UNITED STATES DISTRICT JUDGE Date of Original Sentence: December 17, 2007, Re-sentenced on November 9, 2011 Original Offense: CONSPIRACY TO DISTRIBUTE NARCOTICS Original Sentence: 60 months imprisonment; 3 years supervised release. Type of Supervision: supervised release Date Supervision Commenced: 03/ 16/12 Assistant U.S. Attorney: David E. Malagold, 970 Broad Street, Room 502, Newark, New Jersey 07102, (973) 645-2700 Defense Attorney: Stephen Turano, Esq (CJA), 275 Madison Avenue, 35th fl, New York, New York 10016, (212) 905-4900
PETITIONING THE COURT
[ ] To issue a warrant [X] To issue a summons The probation officer believes that the offender has violated the following condition(s) of supervision:
+-----------------------------------------------------------------------------+ ¦Violation¦Nature of Noncompliance ¦ ¦Number ¦ ¦ +---------+-------------------------------------------------------------------¦ ¦ ¦The offender has violated the standard supervision condition which ¦ ¦ ¦states 'The defendant shall report to the probation officer in a ¦ ¦ ¦manner and frequency directed by the Court or probation officer.' ¦ ¦ ¦ ¦ ¦ ¦On August 30, 2012, a home visit was conducted at which time the ¦ ¦ ¦offender was verbally reprimanded for not adhering to the ¦ ¦1. ¦conditions of his supervised release. At that time, he was ¦ ¦ ¦instructed to report on September 6, 2012 with all of his past due ¦ ¦ ¦monthly supervision reports. The offender failed to report as ¦ ¦ ¦directed, and failed to submit his monthly supervision reports from¦ ¦ ¦March 2012 through August 2012. The offender has not been in ¦ ¦ ¦contact with the U.S. Probation Office since he was last seen on ¦ ¦ ¦August 30, 2012. ¦ +-----------------------------------------------------------------------------+
+-----------------------------------------------------------------------------+ ¦ ¦The offender has violated the standard supervision condition which states ¦ ¦ ¦'You shall answer truthfully all inquiries by the probation officer and ¦ ¦ ¦follow the instructions of the probation officer.' ¦ ¦ ¦ ¦ ¦ ¦In March 2012, the offender was directed to attend weekly sessions at ¦ ¦ ¦Moral Reconation Therapy (MRT). This is a 12 step program. The offender ¦ ¦ ¦began on April 3, 2012, and last attended on July 10, 2012 at which time ¦ ¦ ¦he showed up 30 minutes late. The offender missed numerous sessions ¦ ¦ ¦between April and July 2012. On August 30, 2012, the offender was again ¦ ¦2.¦directed to attend weekly sessions without fail. At that time, the ¦ ¦ ¦offender agreed to resume attendance at the program; however, he has ¦ ¦ ¦failed to report as directed. The offender completed five (5) steps of the¦ ¦ ¦program. ¦ ¦ ¦ ¦ ¦ ¦Additionally, in May of 2012, the offender stated that he would be ¦ ¦ ¦attending Drake College in Elizabeth, New Jersey as a full-time student ¦ ¦ ¦taking a computer course. The offender never submitted verification of ¦ ¦ ¦same, and on August 30, 2012, he was directed once again to submit ¦ ¦ ¦verification on September 6, 2012. The offender never reported on that ¦ ¦ ¦date. ¦ +--+--------------------------------------------------------------------------¦ ¦ ¦The offender has violated the standard supervision condition which states ¦ ¦ ¦'You shall refrain from excessive use of alcohol and shall not purchase, ¦ ¦ ¦possess, use, distribute, or administer any narcotic or other controlled ¦ ¦ ¦substance, or any paraphernalia related to such substances, except as ¦ ¦3.¦prescribed by a physician,' ¦ ¦ ¦ ¦ ¦ ¦On July 27, 2012, the offender submitted to an instant drug test which ¦ ¦ ¦yielded positive results for drug usage. Due to the offender's denial of ¦ ¦ ¦same, the specimen was sent to the laboratory which later confirmed the ¦ ¦ ¦positive result for marijuana.. ¦ +-----------------------------------------------------------------------------+
I declare under penalty of perjury that the foregoing is true.and correct.
By: Edward J. Irwin
U.S. Probation Officer
THE COURT ORDERS: [ ] The Issuance of a Warrant [×] The Issuance of a Summons. Date of Hearing: ____ [ ] No Action [ ] Other
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Signature of Judicial Officer