Opinion
Docket Number: 09-00299-001 PACTS Number: 54720
03-28-2012
USA v. GRAVES et al
Amended Petition tor Warrant or Summons for Offender Under Supervision
Name of Offender: Samuel Graves
Name of Sentencing Judicial Officer: The Honorable Stanley R. Chester
United Stales District Judge
Date of Original Sentence: 08/15710
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 month's imprisonment; 2 years supervised release.
Type of Supervision: Supervised Release Date Supervision Commenced: 12/09/11
Assistant U.S. Attorney: Melissa Jampol, 970 Broad Street, Room 502. Newark, New Jersey 07102. (973) 645-2700
Defense Attorney: Michael Gilbert! (Appointed), Epstein, Cohen and Gilbert!, LLC, 21 East Front Street, Suite 210, Red Bank. New Jersey 07701, (732) 212-0400
PETITIONING THE COURT
|X] To issue a warrant
[ ] To issue a summons
The probation officer believes that the offender has violated the following conditions) of supervision:
+-----------------------------------------------------------------------------+ ¦Violation ¦Nature of Noncompliance ¦ ¦Number ¦ ¦ +-----------+-----------------------------------------------------------------¦ ¦ ¦The offender has violated tie standard supervision condition ¦ ¦ ¦which states 'You shall ¦ ¦ ¦ ¦ ¦ ¦answer truthfully all Inquiries by tit probation officer and ¦ ¦ ¦follow the instructions of ¦ ¦ ¦ ¦ ¦ ¦the probation officer.' ¦ ¦ ¦ ¦ ¦ ¦The offender was referred to the Milestone House, a drag free ¦ ¦ ¦halfway house located in ¦ ¦ ¦ ¦ ¦ ¦Dover, New Jersey. Arrangements were made for Second Chance Act ¦ ¦ ¦funds to be utilized ¦ ¦ ¦ ¦ ¦ ¦to pay for his initiation fee and first months rent. He was ¦ ¦ ¦Instructed to report to this ¦ ¦ ¦ ¦ ¦ ¦program on December 9,2011, after being released from the Bureau ¦ ¦ ¦or Prisons, He failed ¦ ¦ ¦ ¦ ¦ ¦to report to the program. On December 10,2011, the offender was ¦ ¦1, ¦instructed to report to ¦ ¦ ¦ ¦ ¦ ¦the program on December 12, 2011. Again, he did not follow the ¦ ¦ ¦instructions of his ¦ ¦ ¦ ¦ ¦ ¦probation officer and failed to report to this program. ¦ ¦ ¦ ¦ ¦ ¦On March 21,2012, the undersigned spoke with the offender via ¦ ¦ ¦telephone. He confirmed ¦ ¦ ¦ ¦ ¦ ¦that he was home at the address of record. USPO instructed the ¦ ¦ ¦offender that USPO would ¦ ¦ ¦ ¦ ¦ ¦be conducting a home visit and for him to wait at home until USPO¦ ¦ ¦arrived. Approximately ¦ ¦ ¦ ¦ ¦ ¦thirty (30) minutes later, the undersigned arrived at the ¦ ¦ ¦offender's apartment and met with ¦ ¦ ¦ ¦ ¦ ¦his aunt, who indicated that after the offender got off the ¦ ¦ ¦telephone with the undersigned ¦ ¦ ¦ ¦ ¦ ¦that he told her he was going for a walk and left the apartment. ¦ +-----------+-----------------------------------------------------------------¦ ¦ ¦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 ¦ ¦2. ¦paraphernalia ¦ ¦ ¦ ¦ ¦ ¦related to such substances, except as 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 frequency directed ¦ ¦ ¦by the Court ¦ ¦ ¦ ¦ ¦ ¦or probation officer.' ¦ ¦ ¦ ¦ ¦ ¦The offender was instructed to report to the probation office on January ¦ ¦ ¦18, 2012 and ¦ ¦ ¦ ¦ ¦3,¦February 2,2012. On each occasion he failed to report. ¦ ¦ ¦ ¦ ¦ ¦On March 21,2012, the undersigned made arrangements to meet with the ¦ ¦ ¦offender at his ¦ ¦ ¦ ¦ ¦ ¦apartment, however, the offender left the apartment prior to the visit ¦ ¦ ¦being conducted. ¦ ¦ ¦ ¦ ¦ ¦The offender has not submitted a monthly supervision report since his ¦ ¦ ¦release from prison ¦ ¦ ¦ ¦ ¦ ¦on December 9,2011. ¦ +--+--------------------------------------------------------------------------¦ ¦ ¦The offender has violated the special supervision condition which states ¦ ¦ ¦'Yon shall refrain ¦ ¦ ¦ ¦ ¦ ¦front 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 a ay prior substance abuse history. Including any¦ ¦ ¦prior ¦ ¦ ¦ ¦ ¦ ¦history of prescription drug abuse. The Probation Officer shall supervise ¦ ¦ ¦your ¦ ¦4.¦ ¦ ¦ ¦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 or ¦ ¦ ¦contacted the ¦ ¦ ¦ ¦ ¦ ¦program. ¦ ¦ ¦ ¦ ¦ ¦On March 21, 2012, the undersigned scheduled a home visit with the ¦ ¦ ¦offender for the ¦ ¦ ¦ ¦ ¦ ¦purpose of collecting a urine sample. The offender left his residence and ¦ ¦ ¦failed to submit ¦ ¦ ¦ ¦ ¦ ¦to urinalysis. ¦ +--+--------------------------------------------------------------------------¦ ¦ ¦The offender has violated the standard supervision condition which slates ¦ ¦ ¦'You shall ¦ ¦ ¦ ¦ ¦ ¦permit a probation officer to visit you at any time at home or elsewhere, ¦ ¦ ¦and stall ¦ ¦ ¦ ¦ ¦ ¦permit confiscation of any contraband observed in plain view by the ¦ ¦ ¦probation ¦ ¦5,¦ ¦ ¦ ¦officer.' ¦ ¦ ¦ ¦ ¦ ¦On March 21,2012, the undersigned telephoned the offender and made ¦ ¦ ¦arrangements to ¦ ¦ ¦ ¦ ¦ ¦conduct a home visit at the offender's residence. When the undersigned ¦ ¦ ¦arrived thirty (30) ¦ ¦ ¦ ¦ ¦ ¦minutes later, his aunt advised the offender had left the apartment. ¦ +-----------------------------------------------------------------------------+
I declare under penalty of perjury that the foregoing is true and correct.
By: Patrick T. Hattersley
U.S. Probation Officer
THE COURT ORDERS:
[×] The Issuance of 8 Warrant
[] He Issuance of a Summons. Date of Hearing;
[] No Action
[] Other