Opinion
Cr.: 11-00282-001 PACTS #: 58883
01-08-2013
USA v. Alfred Joshua Hernandez
Report on Offender Under Supervision
Name of Offender: Alfred Joshua Hernandez Name of Sentencing Judicial Officer: The Honorable Dennis M. Cavanaugh Date of Original Sentence: 11/14/12 Original Offense: Conspiracy to Commit Credit Card Fraud Original Sentence: Two years probation with four months electronic monitoring; $39,246.77 restitution; $ 100 special assessment Type of Supervision: Probation Date Supervision Commenced:! 1/14/12
NONCOMPLIANCE SUMMARY
The offender has not complied with the following condition(s) of supervision:
+-----------------------------------------------------------------------------+ ¦Violation Number ¦Nature of Noncompliance ¦ +------------------+----------------------------------------------------------¦ ¦ ¦The offender has violated the special supervision ¦ ¦ ¦condition which states ¦ ¦ ¦ ¦ ¦ ¦'ALCOHOL/DRUG TESTING AND TREATMENT ¦ ¦ ¦ ¦ ¦ ¦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 ¦ ¦ ¦ ¦ ¦1 ¦professionals of any prior substance abuse history, ¦ ¦ ¦including any prior ¦ ¦ ¦ ¦ ¦ ¦history of prescription drug abuse. The Probation Officer ¦ ¦ ¦shall supervise ¦ ¦ ¦ ¦ ¦ ¦your compliance with this condition.' ¦ ¦ ¦ ¦ ¦ ¦On December 19, 2012, the undersigned officer met with the¦ ¦ ¦offender at his ¦ ¦ ¦ ¦ ¦ ¦residence, at which time a random urine sample was taken ¦ ¦ ¦and tested via a ten- ¦ ¦ ¦ ¦ ¦ ¦panel instant test, which confirmed positive results for ¦ ¦ ¦marijuana. The offender ¦ ¦ ¦ ¦ ¦ ¦immediately admitted he smoked marijuana the day before ¦ ¦ ¦his federal sentencing ¦ ¦ ¦ ¦ ¦ ¦for the instant offense, as he believed he would be going ¦ ¦ ¦to prison. The offender ¦ ¦ ¦ ¦ ¦ ¦executed a Drug Admission Form, dated December 19, 2012, ¦ ¦ ¦admitting to ¦ ¦ ¦ ¦ ¦ ¦marijuana use on November 13, 2012. ¦ +-----------------------------------------------------------------------------+ U.S. Probation Officer Action: The offender has been verbally reprimanded for his actions and advised that the Court would be notified of his non-compliance. If Your Honor approves, the probation office will increase urine monitoring for illicit drug use detection and will present the offender with New Directions Substance Abuse Lifeskills Course, a home study, behavioral science workbook for overcoming drug and alcohol addictions, which the undersigned officer will oversee to completion. The probation officer respectfully requests that the Court sign this petition, agreeing to this noncompliance response.
Respectfully submitted,
Gisella M.
Bassolino
2013.01.02
10:23:41-05'00'
By: Gisella M. Bassolino
U.S. Probation Officer
Date: 01/02/20H
No Response is necessary unless the court directs that additional action be taken as follows: [ ] Submit a Request for Modifying the Conditions or Term of Supervision [ ] Submit a Request for Warrant or Summons [ ] Other: Have the offender complete the New Directions Substance Abuse Lifeskills Course workbook
_________________
Signature of Judicial Officer