Opinion
1:24-CR-35-RP
04-30-2024
UNITED STATES OF AMERICA v. MAYRA CRUZ
TO: THE HONORABLE ROBERT PITMAN, UNITED STATES DISTRICT JUDGE
REPORT AND RECOMMENDATION ORDER OF THE UNITED STATES MAGISTRATE JUDGE
SUSAN HIGHTOWER, UNITED STATES MAGISTRATE JUDGE.
Before the Court is the Petition for Warrant or Summons for Offender Under Supervision, filed April 11, 2024 (“Petition”) (Dkt. 2). On April 26, 2024, Defendant Mayra Cruz waived a preliminary revocation hearing, and this Magistrate Judge conducted a final revocation hearing pursuant to 28 U.S.C. § 636(a) and 18 U.S.C. § 3401(i) at which Defendant, her attorney, and an attorney for the United States Government appeared. This Magistrate Judge now submits this Report and Recommendation to the District Court pursuant to 28 U.S.C. § 636(b)(1)(B), 18 U.S.C. § 3401(i), and Rule 1(d) of Appendix C of the Local Court Rules of the United States District Court for the Western District of Texas.
I. Background
On January 25, 2022, Ms. Cruz was sentenced in the Pecos Division of the Western District of Texas to 15 months imprisonment, followed by a three-year term of supervised release, for Transportation of Illegal Aliens, Aiding and Abetting, in violation of 8 U.S.C. §§ 1324(a)(1)(A)(v)(II) and 1324(B)(ii). Dkt. 1. Supervision commenced on June 17, 2022, and jurisdiction of the defendant was transferred from the Pecos Division to the Austin Division on February 13, 2024. Dkt. 2.
The Petition alleges that Ms. Cruz violated four conditions of release:
• Mandatory Condition No. 2: “The defendant shall not unlawfully possess a controlled substance.”
• 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.”
• Standard Condition No. 13: “The defendant shall follow the instructions of the probation officer related to the conditions of supervision.”
The Petition alleges that Ms. Cruz violated these conditions by submitting a drug test on February 20, 2024 that returned positive results for amphetamine, cocaine, fentanyl, and opiates; smoking methamphetamine in March and April, 2024, including while wearing a drug screening patch from March 5 to March 15, 2024; and possessing a drug test defeating device discovered during a home visit on April 3, 2024.
• Standard Condition No. 8: “The defendant shall not communicate or interact with someone the defendant knows is engaged in criminal activity. If the defendant knows someone has been convicted of a felony, the defendant shall not knowingly communicate or interact with that person without first getting the permission of the probation officer.”
The Petition alleges that Ms. Cruz admitted purchasing methamphetamine from an unspecified individual.
II. Analysis
During the revocation hearing, the parties informed the Court that they have reached an agreement to modify Ms. Cruz's conditions of supervised release to permit inpatient substance abuse treatment and asked the Court to leave the Petition pending. Her Probation Officer concurred and testified that placement for Ms. Cruz will be available beginning April 29, 2024 in a 45-day inpatient treatment program, with the potential for an additional 45 days of inpatient treatment.
IV. Recommendations
Based on the agreement of the Government and Defendant, the Court RECOMMENDS that Ms. Cruz's term of supervised release be CONTINUED and her conditions of supervised release be MODIFIED to add the following Special Condition:
The defendant shall participate in, and successfully complete, an inpatient substance abuse treatment program and follow the rules and regulations of that program. The program may include testing and examination during and after program completion to determine if the defendant has reverted to the use of drugs. The probation officer shall supervise the participation in the program (provider, location, modality, duration, intensity, etc.). During treatment, the defendant shall abstain from the use of alcohol and any and all intoxicants.
All other conditions of supervision shall remain in effect. The Court further RECOMMENDS that the District Court ORDER that Ms. Cruz shall remain in the custody of the U.S. Marshals Service pending acceptance and transfer to the inpatient treatment program identified by the Probation Department.
This Magistrate Judge further RECOMMENDS that the District Court HOLD IN ABEYANCE a ruling on the Petition pending Defendant's completion of inpatient treatment and further order of the Court.
V. Objections
Because this is an agreed disposition, there will be no objections to this Report and Recommendation, and the matter is ripe for the District Court to act on it.