Opinion
2:17CR00211
02-24-2023
United States v. Virlee Osborne
FILED UNDER SEAL
PETITION FOR SUMMONS FOR OFFENDER UNDER SUPERVISION
Honorable Andrew P. Gordon Judge
Date of Original Sentence: March 21, 2019
Original Offense: Possession of a Stolen Firearm
Original Sentence: 54 Months prison, followed by 36 Months TSR.
Date Supervision Commenced: March 25, 2022
PETITIONING THE COURT
[x] To issue a summons:
The probation officer believes the offender has violated the following condition(s) of supervision:
1. Do Not Unlawfully Use Controlled Substance - You must refrain from any unlawful use of a controlled substance. You must submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter, as determined by the court, not to exceed 104 tests annually.
Osborne submitted positive drug tests on the following dates:
June 14, 2022 (THC and methamphetamine)
June 25, 2022 (THC)
October 3, 2022 (THC)
January 31, 2023 (THC)
February 17, 2023 (THC and methamphetamine)
RE: Virlee Osborne
Prob12C
D/NV Form
Rev. March 2017 2. Drug Testing - You must submit to substance abuse testing to determine if you have used a prohibited substance. Testing shall not exceed 104 tests per year. You must not attempt to obstruct or tamper with the testing methods.
A. On February 16, 2023, Osborne used a subterfuge device at the drug testing facility.
B. Osborne failed to report for drug testing on the following dates:
November 16, 2022
November 26, 2022
November 28, 2022
December 1, 2022
December 9, 2022
December 13, 2022
December 19, 2022
January 7, 2023
January 18, 2023
January 20, 2023
February 1, 2023
February 9, 2023
3. Residential Reentry Center - You must reside in a residential reentry center for a term of 180 days. You must follow the rules and regulations of the center.
A. On April 4, 2022, Osborne failed to return to the RRC facility at his approved time of 7:00 p.m. He returned at approximately 8:58 p.m. making him unaccountable in the community for nearly two hours. Upon his return he refused to submit to a breathalyzer test twice.
B. On May 11, 2022, Osborne was removed from the RRC and labeled a program failure after a verbal altercation occurred with staff.
RE: Virlee Osborne
Prob12C
D/NV Form
Rev. March 2017
U.S. Probation Officer Recommendation:
The term of supervision should be:
[x] Revoked
I declare under penalty of perjury that the information contained herein is true and correct, Executed on February 17, 2023
Matthew S. Martinez United States Probation Officer
Approved:
Brian Blevins
Supervisory United States Probation Officer
RE: Virlee Osborne
Prob12C
D/NV Form
Rev. March 2017
THE COURT ORDERS
[ ] No Action.
[ ] The issuance of a warrant.
[ ] The issuance of a summons.
[ ] Other:
Signatureof Judicial Officer
February 24, 2023
Date