Opinion
Docket Number: 09-00299-001 PACTS Number: 54720
02-10-2012
USA v. GRAVES et al
David Foster Michael Gilberti (Appointed), Epstein, Cohen and Gilberti, LLC
Petition for Warrant or Summons for Offender Under Supervision
Name of Offender: Samuel Craves
Name of Sentencing Judicial Officer: The Honorable Stanley R. Chester
United States District Judge
Date of Original Sentence: 08/16/10
Date of Violation of Supervised Release; 01/07/2011
Original Offense; Possession of a Firearm by a Convicted Felon
Original Sentence: Time Served; 3 years supervised release
Violation of Supervised Release Sentence: 12 months imprisonment; 2 years supervised release.
Type of Supervision: Supervised Release
Date Supervision Commenced: 12/09/11
Assistant U.S. Attorney: David Foster, 970 Broad Street, Room 502. Newark, New Jersey 07102, (973) 645-2700
Defense Attorney: Michael Gilberti (Appointed), Epstein, Cohen and Gilberti, LLC, 21 East Front Street, Suite 210, Red Bank. New Jersey 07701, (732) 212-0400
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 'You shall answer truthfully all inquiries by the probation ¦ ¦ ¦officer and follow the instructions of the probation officer.' ¦ ¦ ¦ ¦ ¦ ¦The offender was referred to the Milestone House, a drug free ¦ ¦ ¦halfway house located in Dover. New Jersey. Arrangements were made ¦ ¦1 ¦for Second Chance Act funds to be utilized to pay his initiation ¦ ¦ ¦fee and first month rent. He was instructed to report to this ¦ ¦ ¦program on December 9, 2011, after being released from the Bureau ¦ ¦ ¦of Prisons. He failed to report to the program. On December 10, ¦ ¦ ¦2011, the offender was instructed to report to the program on ¦ ¦ ¦December 12, 201!. Again, he did not follow the instructions of his¦ ¦ ¦probation officer and failed to report to this program. ¦ +-----------------------------------------------------------------------------+
+-----------------------------------------------------------------------------+ ¦ ¦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 ¦ ¦2¦prescribed by a physician,' ¦ ¦ ¦ ¦ ¦ ¦The offender tested positive for cocaine on the following dates: December ¦ ¦ ¦15, 2011; January 11, 2012; January 16, 2012; January 17, 2012; and January¦ ¦ ¦27. 2012. ¦ +-+---------------------------------------------------------------------------¦ ¦ ¦The offender has violated the standard supervision condition which states ¦ ¦ ¦'The defendant shall report to the probation officer in a manner and ¦ ¦3¦frequency directed by the Court or probation officer.' ¦ ¦ ¦ ¦ ¦ ¦The offender was instructed to report to the probation office on January ¦ ¦ ¦18,2012 and February 2, 2012. On each occasion he failed to report. ¦ +-+---------------------------------------------------------------------------¦ ¦ ¦The offender has violated the special supervision condition which states ¦ ¦ ¦'You shall refrain from the illegal possession and use of drugs, including ¦ ¦ ¦prescription medication not prescribed in your name, and the use of ¦ ¦ ¦alcohol, and shall submit to urinalysis or other forms of testing to ensure¦ ¦ ¦compliance. It is further ordered that you shall submit to evaluation and ¦ ¦ ¦treatment, on an outpatient or inpatient basis, as approved by the U.S. ¦ ¦ ¦Probation Office. You shall abide by the rules of any program and shall ¦ ¦ ¦remain in treatment until satisfactorily discharged by the Court. You shall¦ ¦ ¦alert all medical professionals of any prior substance abuse history, ¦ ¦4¦including any prior history of prescription drug abuse. The Probation ¦ ¦ ¦Officer shall supervise your compliance with this condition.' ¦ ¦ ¦ ¦ ¦ ¦Due to the offender's positive tests for cocaine, he was referred for ¦ ¦ ¦intensive outpatient counseling through Turning Point, a treatment program ¦ ¦ ¦in Paterson, New Jersey. The offender attended the admission appointment on¦ ¦ ¦January 16, 2012, and was instructed to return on January 19, 2012. He was ¦ ¦ ¦scheduled to attend three (3) sessions per week. The offender attended one ¦ ¦ ¦session on January 27, 2012, and has not returned and has not contacted the¦ ¦ ¦program. ¦ +-----------------------------------------------------------------------------+
I declare under penalty of perjury that the foregoing is true and correct.
__________________
By: Patrick Hattersley
U.S. Probation Officer
THE COURT ORDERS:
[ ] The Issuance of a Warrant
[×] The Issuance of a Summons,
| ] No Action
[ ] Other
__________________
Signature ofjudicial Officer