Opinion
CASE NO: 6:97-cr-193-Orl-40DAB
07-29-2015
UNITED STATES OF AMERICA v. ANDREW NECO GEBREHAWARIAT
REPORT AND RECOMMENDATION
TO THE UNITED STATES DISTRICT COURT
Pursuant to Local Rule 6.01(c)(16), on July 28, 2015, I conducted the Final Probation Revocation Hearing of the Defendant on the Petition for Warrant or Summons for Offender Under Supervision filed May 15, 2015 by Probation Officer Cedric L. Donar.
In the Petition, Probation Officer Cedric L. Donar alleges the Defendant was in violation of:
• Condition 7
Which states that the defendant shall refrain from the 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 prescribed by a physician, and shall submit to periodic urinalysis tests as directed by probation officer to determine the use of any controlled substance. On October 2, 2014, the defendant provided a urine specimen, which was analyzed and yielded positive results for the presence of Cocaine. Further, on October 15, 2014, in written statement, the defendant admitted that he had used Cocaine.
• Condition 7
Which states that the defendant shall refrain from the 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 prescribed by a physician, and shall submit to periodic urinalysis tests as directed by probation officer to determine the use of any controlled substance. On October 30, 2014, the defendant provided a urine specimen, which was analyzed and yielded positive results for the presence of Cocaine. Further, on November 10, 2014, in written statement, the defendant admitted that he had used Cocaine.
• Condition 7
Which states that the defendant shall refrain from the 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 prescribed by a physician, and shall submit to periodic urinalysis tests as directed by probation officer to determine the use of any controlled substance. On April 9, 2015, the defendant provided a urine specimen, which was analyzed and yielded positive results for the presence of Cocaine. As he would not admit using the substance, the sample was forwarded to Alere Toxicology Services (Alere), the Probation Office's nationally contracted laboratory. On April 27, 2015, Alere confirmed the sample as positive for the presence of Cocaine.
The Defendant admitted violating the Conditions as set forth in the Petition for Warrant or Summons for Offender Under Supervision.
Accordingly, the undersigned finds that the Defendant has violated the terms of his probation and respectfully recommends that the Court enter an Order to Show Cause why his Supervised Release should not be revoked.
The Defendant is in custody of the U.S. Marshal pending sentencing.
Failure to file written objections to the proposed findings and recommendations contained in this report within fourteen (14) days of the date of its filing shall bar an aggrieved party from attacking the factual findings on appeal.
Recommended in Orlando, Florida on this 29th day of July, 2015.
/s/_________
DAVID A. BAKER
UNITED STATES MAGISTRATE JUDGE Copies furnished to: United States Attorney
Federal Public Defender