Opinion
Case Number: DR-02-CR-006 (1) FB
11-22-2011
USA v. Leal
M. Katherine Matheny Supervising U.S. Probation Officer Ruth Caballero Senior U.S. Probation Officer cc: Robert Cadena Assistant U.S. Attorney Suzan R. Contreras Assistant Deputy Chief U.S. Probation Officer
Report on Offender Under Supervision
Name of Offender: Phillip Andrew Leal
Name of Sentencing Judicial Officer: Honorable Fred Biery, Chief U.S. District Judge
Date of Original Sentence: July 22,2002
Original Offense: Count 1: Possession of Marijuana with Intent to Distribute, in violation of 21 U.S.C. §§ 841 (a)(l) and 841(b)(1)(C).
Count 2: High Speed Flight from Immigration Checkpoint, in violation of 18 U.S. C. § 758.
Original Sentence: Ninety-two (92) months imprisonment; three (3) year term of supervised release; $200 special assessment; substance abuse treatment; drug testing; and total alcohol abstinence.
Type of Supervision: Supervised Release
Date Supervision Commenced: February 22,2010
NONCOMPLIANCE SUMMARY
The offender has not complied with the following condition(s) of supervision:
+--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+ ¦Violation ¦Nature of Noncompliance ¦ ¦Number 1. ¦ ¦ ¦ ¦"The defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or any paraphernalia related to any controlled substance, except as prescribed by a physician." ¦ +--------------+-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------¦ ¦ ¦On November 2, 2011, the offender submitted to drug testing and the result was ¦ ¦ ¦positive for marijuana. Prior to testing, he denied drug use. However, when ¦ ¦ ¦advised of the result, the offender admitted to the use of marijuana and signed ¦ ¦ ¦an admission form. ¦ +--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+
U.S. Probation Officer Action:
As required by his special conditions, the offender previously completed treatment services at The Patrician Movement in August 25,2010. Prior to November 2,2011, all drug tests have been negative.
In response to the offender's recent drug use, the offender has been referred to Lifetime Recovery for out-patient services. At this time, the probation office respectfully recommends no further action.
Approved:
M. Katherine Matheny
Supervising U.S. Probation Officer
Respectfully submitted,
Ruth Caballero
Senior U.S. Probation Officer
RLC
cc: Robert Cadena
Assistant U.S. Attorney
Suzan R. Contreras
Assistant Deputy Chief U.S. Probation Officer
No Response is ecessary unless the court directs that additional action be taken as follows:
[] Submit a Request for Modifying the Condition or Term of Supervision [] Submit a Request for Warrant or Summons
[] Other_________________
Fred Biery
Chief U.S. District Judge