Opinion
Docket Number: 10-00267-001 PACTS Number: 34434
01-08-2013
USA v. Mervin Meniar
Assistant U.S. Attorney: Andrew Brack, 970 Broad Street, Room 502, Newark, New Jersey 07102, (973) 645-2700 Defense Attorney: Patrick McMahon, 1002 Broad Street, Newark, New Jersey 07102, (973) 645-6347
Amended Petition for Warrant or Summons for Offender Under Supervision
Name of Judicial Officer: The Honorable
United States District Judge
Name of Sentencing Judicial Officer: The Honorable Joseph R. Goodwin
United States District Judge, SD/WV
Date of Original Sentence: 03/25/2005 Original Offense: Single Count Information: Possession with Intent to Distribute Cocaine Count Eight: Possession of a Firearm in Connection with a Drug Trafficking Crime Original Sentence: Single Count Information: 24 months custody Count Eight: 60 months custody (consecutive to the 24 months custody, for a total of 84 months imprisonment); 5 years supervised release; $200 Special Assessment Type of Supervision: Supervised Release
Date Supervision Commenced: 11/12/09 Assistant U.S. Attorney: Andrew Brack, 970 Broad Street, Room 502, Newark, New Jersey 07102, (973) 645-2700 Defense Attorney: Patrick McMahon, 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 ¦ +------------------+----------------------------------------------------------¦ ¦ ¦The offender has violated the standard supervision ¦ ¦ ¦condition which states You ¦ ¦ ¦ ¦ ¦ ¦shall cot commit another federal, state, or local crime/ ¦ ¦ ¦ ¦ ¦ ¦On September 6, 2012, the offender was arrested by the New¦ ¦1 ¦York City Police ¦ ¦ ¦ ¦ ¦ ¦Department and charged with one count of Criminal ¦ ¦ ¦Possession of a Controlled ¦ ¦ ¦ ¦ ¦ ¦Substance, 3rd Degree; and, two counts of Criminal ¦ ¦ ¦Possession of a Controlled Substance, 5th Degree. ¦ +-----------------------------------------------------------------------------+
+-----------------------------------------------------------------------------+ ¦ ¦The offender has violated the standard supervision condition which states. ¦ ¦ ¦You ¦ ¦ ¦ ¦ ¦ ¦shall refrain from excessive use of alcohol and shall not purchase, ¦ ¦ ¦possess, ¦ ¦ ¦ ¦ ¦ ¦use, distribute, or administer any narcotic or other controlled substance, ¦ ¦ ¦or ¦ ¦ ¦ ¦ ¦2¦any paraphernalia related to such substances, except as prescribed by a ¦ ¦ ¦ ¦ ¦ ¦physician/ ¦ ¦ ¦ ¦ ¦ ¦On November 29, 2012, the offender tested positive for cocaine via a ¦ ¦ ¦10-panel ¦ ¦ ¦ ¦ ¦ ¦instant test. The specimen was subsequently confirmed positive for cocaine ¦ ¦ ¦via ¦ ¦ ¦ ¦ ¦ ¦the national laboratory (Specimen No. BO 1889231). ¦ +-----------------------------------------------------------------------------+
I declare under penalty of perjury that the foregoing is true and correct.
By: Gisella M. Bassolino
U.S. Probation Officer
THE COURT ORDERS: [ ] The Issuance of a Warrant
[X] The Issuance of a Summons. Date of Hearing:
[ ] No Action
[ ] Other
_________________
Signature of Judicial Officer