Opinion
A-16-CR-260-LY(7)
10-25-2022
United States v.
Assistant U.S. Attorney: Daniel D. Guess Defense Attorney: Jon Evans (appointed)
Petition for Warrant or Summons for Offender Under Supervision
Date Supervision Commenced: November 10, 2020
Date of Original Sentence: June 28, 2017
Assistant U.S. Attorney: Daniel D. Guess
Defense Attorney: Jon Evans (appointed)
Lee Yeakel, United States District Judge
Susan Hightower, U.S. Magistrate Judge
Original Offense: Conspiracy to Possess with Intent to Distribute a Mixture and Substance Containing Methamphetamine, in violation of 21 U.S.C. §§ 846 and 841(b)(1)(C) .
Original Sentence: Sentenced to sixty (60) months' custody to the Bureau of Prisons, followed by three (3) years of supervised release. Special Conditions to include: substance abuse treatment; obtain GED; no controlled substances; search and seizure; and $100 special assessment fee (paid).
PREVIOUS COURT ACTION
None.
PETITIONING THE COURT
[X] To issue a warrant [ ] To issue a summons
The probation officer believes that the offender has violated the following condition(s) of supervision:
Violation of Mandatory Condition No 1: “The defendant shall not commit another federal, state, or local crime during the term of supervision.”
Violation of Mandatory Condition No 2: “The defendant shall not unlawfully possess a controlled substance.”
Nature of Noncompliance : According to the Affidavit for Warrant of Arrest and Detention, on October 5, 2022, officers with the Austin Police Department conducted a buy/bust operation on a known drug dealer, identified as the defendant Jose Duenas. A cooperating source entered the vehicle that Duenas was driving. The cooperating source sat in the passenger seat and Duenas removed from underneath his shirt a bag of cocaine, approximately weighing 500 grams. Duenas was immediately taken into custody. He was arrested without incident. He was charged with Possession of a Controlled Substance with Intent to Deliver - namely Cocaine, first degree felony. The case has been filed in Travis County District Court under Docket No. D-1-DC-22-206607. The defendant has since been released on bond and the defendant has contacted his probation officer taking full responsibility for his actions.
U.S. Probation Officer Recommendation: The defendant was in possession of a half kilogram of cocaine. Duenas' decision to traffic narcotics is a clear demonstration that he continues to make poor decisions. Therefore, the term of supervision should be revoked.
Approved by, Hector J. Garcia, Supervising U.S. Probation Officer
Respectfully submitted, Nickalous D. Wisner, U.S. Probation Officer
THE COURT ORDERS:
[ ] No Action
[X] The Issuance of a Warrant
[ ] The Issuance of a Summons
[ ] Other