Opinion
Docket Number: 08-00409-001 PACTS Number: 50323
03-14-2012
USA v. KARIM
Petition for Warrant or Summons for Offender Under Supervision
Name of Offender: Hanna Abdul Karim
Name of Sentencing Judicial Officer: Honorable William H. Walls, Sr. USDJ Date of Sentence: 10/27/2010
Original Offense: Money Laundering, 18 U.S.C. § 1956(h)
Original Sentence: Time served; 3 years supervised release; $100 special assessment, $2,000 fine.
Type of Supervision: Supervised Release Date Supervision Commenced: 10/27/10
Assistant U.S. Attorney: Marion Percell, 970 Broad Street, Room 502, Newark, New Jersey 07102 (973)645-2700
Defense Attorney: James C. Patton, Esq. (CJA) 209 Livingston Avenue, Suite 9, Livingston, New Jersey 07039(973)992-3500
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 supervision condition which states ¦ ¦ ¦'The defendant shall refrain from the illegal possession and/or use¦ ¦ ¦of drugs and shall submit to urinalysis or other forms of testing ¦ ¦ ¦to ensure compliance. It Is further ordered that the defendant ¦ ¦ ¦shall submit to drug treatment, on an outpatient or inpatient ¦ ¦ ¦basis, as directed by the U.S. Probation Office. The defendant ¦ ¦ ¦shall abide by the rules of any program and shall remain in ¦ ¦ ¦treatment until satisfactorily discharged with the approval of the ¦ ¦ ¦U.S. Probation Office.' ¦ ¦ ¦ ¦ ¦ ¦On March 1, 2011, Abdul Karim submitted a urine sample which tested¦ ¦ ¦positive for the use of cocaine. ¦ ¦ ¦ ¦ ¦ ¦On May 4,2011, the offender tested positive for Hydromorphone and ¦ ¦ ¦Morphine. When questioned regarding this positive urine test, the ¦ ¦ ¦offender stated he was prescribed Percocets for neck and back pain.¦ ¦ ¦The offender failed to provide PO with any documentation of this ¦ ¦ ¦prescription. In June 2011, Abdul Karim stated he was no longer on ¦ ¦ ¦any pain medication. At that time, the offender was told if he is ¦ ¦ ¦prescribed any narcotic medications in the future he must ¦ ¦ ¦immediately inform probation and sign a Release Form with the ¦ ¦ ¦prescribing doctor. Abdul Karim was informed a signed Release Form ¦ ¦ ¦would enable probation to confirm that the doctor was aware of his ¦ ¦ ¦addition history and mental health status. ¦ ¦1 ¦ ¦ ¦ ¦On September 26, 2011, the offender tested positive for Oxycodone, ¦ ¦ ¦Hydromorphone and Hydrocodone. On September 28, 2011 and October ¦ ¦ ¦18, 2011, the offender tested positive for Oxycodone. The offender ¦ ¦ ¦stated these positive urine tested were a result of him being ¦ ¦ ¦prescribed Oxycodone and Alprazolam (generic Xanax) from Dr. ¦ ¦ ¦Discenza, a general practitioner in Jersey City. ¦ ¦ ¦ ¦ ¦ ¦On November 16,2011, Probation contacted Dr. Discenza office, who ¦ ¦ ¦indicated they were unaware of the offender's substance abuse ¦ ¦ ¦history and that he was under the care of another doctor (Dr. ¦ ¦ ¦Usiene of Bergen Regional). Furthermore, Dr. Discenza was not aware¦ ¦ ¦that the offender was prescribed several additional prescription ¦ ¦ ¦medications from Dr. Usiene. Subsequent to probation contacting Dr.¦ ¦ ¦Discenza's office, the offender was terminated as a patient by Dr. ¦ ¦ ¦Discenza for lying about seeing another doctor and being prescribed¦ ¦ ¦other medication. ¦ ¦ ¦ ¦ ¦ ¦On February 7, 2012, the offender tested positive for opiates. ¦ ¦ ¦Subsequent to testing positive, Abdul Karim stated he took his ¦ ¦ ¦mother's Oxycotton earlier that day. The offender took this ¦ ¦ ¦medication without a prescription. ¦ ¦ ¦ ¦ ¦ ¦The Probation Office has determined this conduct constitutes a ¦ ¦ ¦Grade C violation. ¦ +-----------------------------------------------------------------------------+
+-----------------------------------------------------------------------------+ ¦ ¦The offender has violated the supervision condition which states 'The ¦ ¦ ¦defendant refrain from the illegal possession and/or use of drugs, ¦ ¦ ¦including prescription medications 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 the defendant shall submit to¦ ¦ ¦drug treatment, on an outpatient or inpatient basis, as directed by the ¦ ¦ ¦U.S. Probation Office. The defendant shall abide by the rules of any ¦ ¦ ¦program and shall remain in treatment until satisfactorily discharged with ¦ ¦ ¦the approval of the U.S. Probation Office.' ¦ ¦2¦ ¦ ¦ ¦The offender was referred the intensive outpatient substance abuse ¦ ¦ ¦treatment program at Bergen Regional's Evergreen Program on February 8, ¦ ¦ ¦2012. Since that time, the offender has failed to begin treatment at that ¦ ¦ ¦location. Additional on that date, the offender was directed to attend a ¦ ¦ ¦minimum of two Narcotics Anonymous (NA) meetings weekly, but has failed to ¦ ¦ ¦provide probation with documentation of his attendance at any meetings. ¦ ¦ ¦ ¦ ¦ ¦The Probation Office has determined this conduct constitutes a Grade C ¦ ¦ ¦violation. ¦ +-----------------------------------------------------------------------------+
I declare under penalty of perjury that the foregoing is true and correct.
By: Kevin P. Egli
U.S. Probation Officer
Date: 02/17/12
THE COURT ORDERS:
[ ] The Issuance of a Warrant
[v] The Issuance of a Summons. Date of Hearing: _______________
[ ] No Action
[ ] Other
_______________
Signature Judicial Officer