Opinion
Docket Number: 06-00374-001 PACTS Number: 32984
12-18-2012
USA v. Yamil Medina
Assistant U.S. Attorney: Philip James Degnan Defense Attorney: Edward Bertucio Esq.
Petition for Warrant or Summons for Offender Under Supervision
Name of Sentencing Judicial Officer: Honorable Stanley R. Chesler
United States District Judge
Date of Original Sentence: 11/03/04 Original Offense: Conspiracy to Possess with Intent to Distribute Cocaine Original Sentence: Imprisonment - 57 months; Supervised Release - 5 years; Special Assessment - $100; Fine - $2,500 Type of Supervision: Supervised Release Date Supervision Commenced: 12/18/10 Assistant U.S. Attorney: Philip James Degnan Defense Attorney: Edward Bertucio Esq.
PETITIONING THE COURT
[ ] To issue a warrant
[X] To issue a summons
+-----------------------------------------------------------------------------+ ¦Violation¦Nature of Noncompliance ¦ ¦Number ¦ ¦ +---------+-------------------------------------------------------------------¦ ¦ ¦The offender has violated the supervision condition which states ¦ ¦ ¦You shall notify the probation officer within 72 hours of being ¦ ¦ ¦arrested or questioned by a law enforcement officer.' ¦ ¦ ¦ ¦ ¦ ¦On March 13, 2012, the offender was operating a motor vehicle which¦ ¦ ¦was pulled over ¦ ¦ ¦ ¦ ¦ ¦by officers of the Elizabeth, New Jersey, Police Department for a ¦ ¦ ¦motor vehicle violation. A consent to search said vehicle was ¦ ¦ ¦authorized by Yamil Medina, and the ¦ ¦ ¦ ¦ ¦1 ¦search revealed a bulk amount of U.S. currency inside of a black ¦ ¦ ¦trash bag located in the bed of the pickup truck. The bag contained¦ ¦ ¦$75,190.00 in U.S. currency. Medina ¦ ¦ ¦ ¦ ¦ ¦was fingerprinted, but was not arrested, as prosecution was ¦ ¦ ¦declined based upon law ¦ ¦ ¦ ¦ ¦ ¦enforcement's interest in a related ongoing investigation. Medina ¦ ¦ ¦failed to contact the undersigned officer at any point thereafter ¦ ¦ ¦to report this police contact. The undersigned officer was not ¦ ¦ ¦provided this information from law enforcement until December 13, ¦ ¦ ¦2012. ¦ +---------+-------------------------------------------------------------------¦ ¦ ¦The offender has violated the supervision condition which states ¦ ¦ ¦'You shall report to the probation officer as directed by the court¦ ¦ ¦or the probation officer and shall submit a truthful and complete ¦ ¦ ¦monthly report within the first five days of each ¦ ¦2 ¦ ¦ ¦ ¦month.' ¦ ¦ ¦ ¦ ¦ ¦On December 21, 2010, the offender was instructed to submit ¦ ¦ ¦truthful Monthly | Supervision Reports during the first five days ¦ ¦ ¦of each month. The offender last j ¦ +-----------------------------------------------------------------------------+
+-----------------------------------------------------------------------------+ ¦ ¦submitted a monthly report for February 2012. Therefore, he has failed to ¦ ¦ ¦submit monthly reports for March, April, May, June, July, August, ¦ ¦ ¦September, October, and November, 2012. ¦ +-+---------------------------------------------------------------------------¦ ¦ ¦The offender has violated the standard supervision condition which states ¦ ¦ ¦'As a condition of supervision, you are instructed to pay a fine in the ¦ ¦ ¦amount of $2,500; the fine, plus any interest pursuant to 18 U.S.C. § 3612 ¦ ¦ ¦(f)(1), is due immediately. In the event that the fine is not paid prior to¦ ¦ ¦the commencement of supervision, the defendant shall satisfy the amount due¦ ¦ ¦in monthly installments of no less than $100, to commence 30 days after ¦ ¦ ¦release from confinement.' ¦ ¦ ¦ ¦ ¦ ¦On December 21, 2010, the offender was instructed to pay monthly on the ¦ ¦3¦balance of his fine obligation at the rate of $ 100 per month. The offender¦ ¦ ¦failed to make consistent monthly payments from June 2012 to November 2012,¦ ¦ ¦and was otherwise sporadic in his monthly payment obligation since his ¦ ¦ ¦release. His current fine balance is $ 1,155.00. While the offender may ¦ ¦ ¦purport that his inconsistent payment history was due to a lack of ¦ ¦ ¦consistent employment, it is not unnoticed by the probation officer that in¦ ¦ ¦March 2012, the offender had in his possession over $75,000 in U.S. ¦ ¦ ¦currency, which was not reported to the probation officer. ¦ ¦ ¦ ¦ ¦ ¦I declare under penalty of perjury that the foregoing is true and correct. ¦ +-----------------------------------------------------------------------------+
______________________
By: Carolyn S. Johnson
U.S. Probation Officer
Dated: 12/17/12
THE COURT ORDERS: [x] The Issuance of a Summons. Date of Hearing: ___
[ ] The Issuance of a Warrant
[ ] Other
______________________
Signature of Judicial Officer