Opinion
Docket Number: 10-00436-001 PACTS Number: 53790
08-21-2012
USA v. Yaneira Perdomo
Amended Petition for Warrant or Summons for Offender Under Supervision
Name of Sentencing Judicial Officer: HONORABLE KATHARINE S. HAYDEN
SENIOR UNITED STATES DISTRICT JUDGE
Date of Original Sentence: May 17, 2011, Violation of Probation. Original Offense: Importation of Cocaine into the United States Original Sentence: 30 days imprisonment; 3 years supervised release. Type of Supervision: Supervised Release Date Supervision Commenced: 06/15/11 Assistant U.S. Attorney: Ronnell Wilson, 970 Broad Street, Room 502, Newark, New Jersey 07102, (973) 645-2700 Defense Attorney: Carol Gillen, 1002 Broad Street, Newark, New Jersey 07102, (973) 645-634
PETITIONING THE COURT
[X] To issue a warrant
[ ] 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 refrain from excessive use of alcohol and shall not purchase, possess, ¦ ¦ ¦ ¦ ¦ ¦use, distribute, or administer any narcotic or other controlled substance, or ¦ ¦1. ¦ ¦ ¦ ¦any paraphernalia related to such substances, except as prescribed by a ¦ ¦ ¦ ¦ ¦ ¦physician.' ¦ ¦ ¦ ¦ ¦ ¦The offender tested positive for marijuana usage on October 12, 2011, October ¦ ¦ ¦ ¦ ¦ ¦18, 2011, and November 2, 2011. ¦ +------------------+-------------------------------------------------------------------------------¦ ¦ ¦The offender has violated the special supervision condition which states ¦ ¦ ¦ ¦ ¦ ¦'ALCOHOL/DRUG TESTING AND TREATMENT ¦ ¦ ¦ ¦ ¦ ¦You shall refrain from the illegal possession and use of drugs, including ¦ ¦2. ¦ ¦ ¦ ¦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 ¦ +--------------------------------------------------------------------------------------------------+
+------------------------------------------------------------------------------+ ¦¦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 ¦ ¦¦ ¦ ¦¦Officer shall supervise your compliance with this condition.' ¦ ¦¦ ¦ ¦¦(A) On September 15, 2011, the offender was referred for outpatient drug ¦ ¦¦ ¦ ¦¦treatment. She failed to appear for six scheduled appointments to complete ¦ ¦¦the ¦ ¦¦ ¦ ¦¦intake assessments necessary for treatment. ¦ ¦¦ ¦ ¦¦(B) On October 15, 2011, the offender failed to submit to a scheduled drug ¦ ¦¦test ¦ ¦¦ ¦ ¦¦as required. ¦ ¦¦ ¦ ¦¦(C) On November 2, 2011, based on the offender's marijuana addiction, ¦ ¦¦inability ¦ ¦¦ ¦ ¦¦to attend outpatient treatment, and lack of support and structure, Daytop ¦ ¦¦Drug ¦ ¦¦ ¦ ¦¦Program recommended that the offender return to residential treatment for no ¦ ¦¦ ¦ ¦¦less than nine months. At that time, the offender refused to enroll in ¦ ¦¦another ¦ ¦¦ ¦ ¦¦residential treatment program. ¦ ¦¦ ¦ ¦¦(D) On January 31, 2012, the offender entered residential treatment at the ¦ ¦¦Green ¦ ¦¦ ¦ ¦¦Hope Treatment Facility. On August 17, 2012, the offender was permanently ¦ ¦¦ ¦ ¦¦discharged from treatment after she willfully separated from treatment ¦ ¦¦against ¦ ¦¦ ¦ ¦¦clinical advice and without the consent of the Probation Office. ¦ +------------------------------------------------------------------------------+
I declare under penalty of perjury that the foregoing is true and correct.
______________
By: Edward J. Irwin
U.S. Probation Officer
THE COURT ORDERS: [×] The Issuance of a Warrant
[ ] The Issuance of a Summons. Date of Hearing: ______________
[ ] No Action
[ ] Other
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Signature of Judicial Officer