Opinion
Docket Number: 10-00414-001 PACTS Number: 56365
06-06-2012
USA v. LEE
Petition for Warrant or Summons for Offender Under Supervision
Name of Offender: LEE, Davin
Name of Sentencing Judicial Officer: Honorable Stanley R. Chesler, U.S.DJ.
Date of Original Sentence: 07/22/2010
Date of Revocation: 04/04/2011
Original Offense: Possession of a Firearm with an Obliterated Serial Number
Original Sentence: Time served; 3 years supervised release.
Revocation Sentence: 5 months imprisonment, 1 year supervised release; $ 100 special assessment. Special condition: alcohol and drug testing/treatment.
Type of Supervision: Supervised Release
Date Supervision Commenced: 08/19/2011
Assistant U.S. Attorney: Zach Intrater, 970 Broad Street, Room 502, Newark,New Jersey 07102 (973) 645-2700
Defense Attorney: Linda D. Foster (AFPD), 1002 Broad Street, Newark, New Jersey 07102 (973) 645-6347
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 Number Nature of Noncompliance
+-----------------------------------------------------------------------------+ ¦Violation ¦Nature of Noncompliance ¦ ¦Number ¦ ¦ +-------------+---------------------------------------------------------------¦ ¦ ¦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 ¦ ¦ ¦ ¦ ¦1 ¦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 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 22, 2011 and April 30, 2012, respectively, Lee submitted a urine ¦ ¦ ¦ ¦ ¦ ¦specimen which tested positive for marijuana and signed a corresponding ¦ ¦ ¦ ¦ ¦ ¦admission form. ¦ +-+---------------------------------------------------------------------------¦ ¦ ¦The offender has violated the standard supervision condition which states ¦ ¦ ¦'You ¦ ¦ ¦ ¦ ¦2¦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¦ ¦ ¦ ¦ ¦ ¦first five days of each month.' ¦ +-+---------------------------------------------------------------------------¦ ¦ ¦The offender failed to report to the probation office as directed on ¦ ¦ ¦September 21, ¦ ¦ ¦ ¦ ¦ ¦2011, December 8,2011, and May 21,2012. In addition, he failed to submit a ¦ ¦ ¦ ¦ ¦ ¦monthly written report within the allotted time period for the following ¦ ¦ ¦months: ¦ ¦ ¦ ¦ ¦ ¦October 2011, November 2011, February 2012, and April 2012. ¦ +-+---------------------------------------------------------------------------¦ ¦ ¦The offender has violated the standard supervision condition which states ¦ ¦ ¦'You ¦ ¦ ¦ ¦ ¦ ¦shall not operate any motor vehicle without a valid driver's license issued¦ ¦ ¦ ¦ ¦ ¦by the State of New Jersey, or in the state in which you are supervised. ¦ ¦3¦You ¦ ¦ ¦ ¦ ¦ ¦shall comply with all motor vehicle laws and ordinances and must report all¦ ¦ ¦ ¦ ¦ ¦motor vehicle infractions (including any court appearances) within 72 hours¦ ¦ ¦ ¦ ¦ ¦to the U.S. Probation Office.' ¦ +-+---------------------------------------------------------------------------¦ ¦ ¦On October 9,2011, at approximately 11:00pm, near 25 Johnson Avenue, Lee ¦ ¦ ¦ ¦ ¦ ¦was pulled over by Newark Police while unlawfully operating a motor ¦ ¦ ¦vehicle. ¦ +-+---------------------------------------------------------------------------¦ ¦ ¦The offender has violated the standard supervision condition which states ¦ ¦ ¦'You ¦ ¦4¦ ¦ ¦ ¦shall work regularly at a lawful occupation unless excused by the Probation¦ ¦ ¦ ¦ ¦ ¦Officer for schooling, training or other acceptable reasons.' ¦ +-+---------------------------------------------------------------------------¦ ¦ ¦Since February 2012, despite numerous referrals and without a credible ¦ ¦ ¦excuse, ¦ ¦ ¦ ¦ ¦ ¦the offender has been unemployed. ¦ +-+---------------------------------------------------------------------------¦ ¦ ¦The offender has violated the standard supervision condition which states ¦ ¦ ¦'You ¦ ¦ ¦ ¦ ¦5¦shall answer truthfully all inquiries by the Probation Officer and follow ¦ ¦ ¦the ¦ ¦ ¦ ¦ ¦ ¦instructions of the Probation Officer.' ¦ +-+---------------------------------------------------------------------------¦ ¦ ¦As a response to accumulating noncompliance, the undersigned Probation ¦ ¦ ¦ ¦ ¦ ¦Officer instructed Lee to perform three hours of community service within ¦ ¦ ¦ ¦ ¦ ¦Newark on April 14, 2012, April 19,2012, April 28, 2012, and May 5, 2012, ¦ ¦ ¦ ¦ ¦ ¦respectively. Despite a viable excuse, he failed to attend accordingly on ¦ ¦ ¦April ¦ ¦ ¦ ¦ ¦ ¦19,2012 and/or May 5,2012. ¦ +-----------------------------------------------------------------------------+
+-----------------------------------------------------------------------------+ ¦ ¦The offender has violated the mandatory supervision condition which states ¦ ¦6¦'You ¦ ¦ ¦ ¦ ¦ ¦shall not commit another federal, state, or local crime.' ¦ +-+---------------------------------------------------------------------------¦ ¦ ¦On April 12,2012, Lee was arrested by Newark Police Department and charged ¦ ¦ ¦ ¦ ¦ ¦with multiple narcotic distribution offenses and resisting arrest. ¦ ¦ ¦According to ¦ ¦ ¦ ¦ ¦ ¦investigative reports, the offender and a co-defendant (Khalil Jeffress) ¦ ¦ ¦engaged ¦ ¦ ¦ ¦ ¦ ¦in an illegal drug sale within an apartment building located at 25 Johnson ¦ ¦ ¦ ¦ ¦ ¦Avenue. Police recovered 118 glassine envelopes of heroin. Lee avoided ¦ ¦ ¦ ¦ ¦ ¦apprehension by swinging his arms in a violent manner while being ¦ ¦ ¦handcuffed. ¦ +-+---------------------------------------------------------------------------¦ ¦ ¦He was released on bail and the case is pending disposition within New ¦ ¦ ¦Jersey ¦ ¦ ¦ ¦ ¦ ¦Superior Court, Essex County. ¦ +-----------------------------------------------------------------------------+
I declare under penalty of perjury that the foregoing is true and correct.
By: Joseph Empirio, U.S.P.O.
Joseph Empirio
2012.06.05
00:03:19-04W
Date: 06/05/2012
THE COURT ORDERS:
[ ] The Issuance of a Warrant
[x] The Issuance of a Summons. Date of Hearing: ___
[ ] No Action
[ ] Other
___________
Signature of Judicial Officer
WILFREDO TORRES
CHIEF PROBATION OFFICER
SUPERVISION UNIT
20 WASHINGTON PLACE
6a FLOOR
NEWARK, NJ
(973)645-6161
FAX: (973) 645-2155
Mailing Address:
50 WALNUT STREET
ROOM 1001
P.O. BOX 459
NEWARK, NJ 07101-0459
Honorable Stanley R. Chesler, U.S. District Court Judge
Martin Luther King Jr. Federal Building and Courthouse
P.O. Box 0999
Newark, New Jersey 07102
RE: LEE, Davin
Dkt. No.: 10-00414-001
Request for a Violation of
Supervised Release Hearing and
Issuance of a Summons
Dear Judge Chesler.
On July 22,2010, Davin Lee was originally sentenced by Your Honor to a time served custodial penalty, followed by a three-year term of supervised release, for the offense of Possession of a Firearm with an Obliterated Serial Number. However, he failed to abide by the conditions of release, and on April 4,2011, a Violation Hearing was held before Your Honor. Subsequent to a guilty plea, Lee's term was revoked and he was sentenced to five months imprisonment with a one-year term of Supervised Release to follow. The offender was also ordered to pay a $ 100 special assessment and abide by the following special condition: alcohol and drug testing/treatment. Supervision recommenced on August 19,2011.
As detailed in the attached petition, we are requesting that Your Honor issue a summons and schedule a hearing based on Lee's continued noncompliance with the conditions of supervised release. If you have any questions, please contact the undersigned officer at 973-445-8512.
Respectfully submitted
WILFREDO TORRES, Chief U.S.P.O.
Joseph Empirio
2012.06.04
23:58:08-04'00'
JOSEPH EMPIRIO, U.S.P.O.
/jae
Enclosure(s)