Opinion
Docket Number: 07-00381-001 PACTS Number: 46780
09-11-2012
USA v. JOHNSON, Tariq
PROB 12C
(7/93)
Petition for Warrant or Summons for Offender Under Supervision
Name of Sentencing Judicial Officer: Honorable , Sr. U.S.D J. Date of Original Sentence: 01/22/2008 Original Offense: Distribution of Five Grams or More of Cocaine Base (Count One) and Dealing Firearms Without a License (Count Two) Original Sentence: 60 months imprisonment followed by five years supervised release - to be served concurrently; $200 special assessment. Special conditions: 1) drug testing/treatment; 2) financial disclosure; and 3) no street-gang association. Type of Supervision: Supervised Release Date Supervision Commenced: 04/13/2012 Assistant U.S. Attorney: David Malagold, 970 Broad Street, Room 502, Newark, New Jersey 07102 (973) 645-2700 Defense Attorney: To be assigned
PETITIONING THE COURT
[X] To issue a warrant to act as a detainer [ ] 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 report to the Probation Officer as directed by the Court or Probation ¦ ¦ ¦ ¦ ¦ ¦Officer, and shall submit a truthful and complete written report within the ¦ ¦ ¦ ¦ ¦1 ¦first five days of each month.' ¦ ¦ ¦ ¦ ¦ ¦Johnson failed to report to the Probation Office as directed on June 25, 2012¦ ¦ ¦and ¦ ¦ ¦ ¦ ¦ ¦September 4, 2012. In addition, he failed to submit a monthly written report ¦ ¦ ¦for ¦ ¦ ¦ ¦ ¦ ¦June 2012 and July 2012. ¦ +---------------------------------------------------------------------------------------+
+---------------------------------------------------------------------------------+ ¦ ¦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. ¦ ¦2¦ ¦ ¦ ¦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, ¦ ¦ ¦ ¦ ¦ ¦including any prior history of prescription drug abuse. The Probation ¦ ¦ ¦ ¦ ¦ ¦Office shall supervise you compliance with this condition.' ¦ ¦ ¦ ¦ ¦ ¦On August 8, 2012, the offender submitted a urine specimen which tested ¦ ¦ ¦positive for marijuana. ¦ +-+-------------------------------------------------------------------------------¦ ¦ ¦The offender has violated the mandatory supervision condition which states ¦ ¦ ¦'You shall not commit another federal, state, or local crime.' ¦ ¦ ¦ ¦ ¦ ¦On September 4, 2012, Johnson was arrested by Newark, New Jersey Police ¦ ¦3¦Department and charged with multiple weapon-related offenses, receiving stolen ¦ ¦ ¦property, and burglary. According to investigative reports, during a foot ¦ ¦ ¦pursuit, he entered a dwelling and discarded two (2) loaded handguns and ¦ ¦ ¦additional ammunition. The case is pending disposition within New Jersey ¦ ¦ ¦Superior Court, Essex County. Federal prosecution may be considered. ¦ +-+-------------------------------------------------------------------------------¦ ¦ ¦The offender has violated the mandatory supervision condition which states ¦ ¦ ¦'The ¦ ¦ ¦ ¦ ¦ ¦defendant shall not possess a firearm or destructive device. Probation must ¦ ¦4¦ ¦ ¦ ¦be revoked for possession of a firearm.' ¦ ¦ ¦ ¦ ¦ ¦As detailed in Violation #3, Johnson, a convicted felon, unlawfully possessed a¦ ¦ ¦firearm. ¦ +-+-------------------------------------------------------------------------------¦ ¦ ¦The offender has violated the mandatory supervision condition which states ¦ ¦ ¦'As ¦ ¦ ¦ ¦ ¦ ¦a condition of supervision, you are instructed to pay a special assessment in ¦ ¦5¦ ¦ ¦ ¦the amount of $200 (total); it shall be paid immediately upon sentencing.' ¦ ¦ ¦ ¦ ¦ ¦This financial obligation remains outstanding with a balance of $50. Moreover, ¦ ¦ ¦the offender has made no payments since commencing supervision. ¦ +---------------------------------------------------------------------------------+
I declare under penalty of perjury that the foregoing is true and correct.
By: Joseph Empirio, U.S.P.O. THE COURT ORDERS: [×] The Issuance of a Warrant to Act as a Detainer within Essex County Jail and Bail Revoked [ ] The Issuance of a Summons [ ] No Action [ ] Other
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Signature of Judicial Officer