Opinion
Cr.:2:11-74(SRC)(1) PACTS Number: 60448
03-23-2012
USA v. Zellnia Tinsley
Request for Modifying the Conditions or Term of Supervision
with Consent of the Offender
(Probation Form 49, Waiver of Hearing is Attached)
Name of Sentencing Judicial Officer: Honorable Stanley R. Chester, United States District Judge Date of Original Sentence: 05/17/11
Original Offense: Theft of Government Funds
Original Sentence: 3 years probation, $ 100 special assessment, and $23,482 in restitution. Special condition: 1) no new debt.
PETITIONING THE COURT
[] To extend the term of supervision for Years, for a total term of Years.
[x] To modify the conditions of supervision as follows. The addition of the following special condition(s):
ALCOHOL/DRUG TESTING AND TREATMENT
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 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.
CAUSE
On March 13, 2012, Tins ley submitted to urinalysis testing which returned positive results for the presence of THC (marijuana). Tinsley admitted to smoking marijuana in the previous month.
Respectfully submitted.
By: Adriana Garcia
U.S. Probation Officer
THE COURT ORDERS:
[] The Modification of Conditions as Noted Above
[] The Extension of Supervision as Noted Above
[] No Action
[] Other
_______________
Signature of Judicial Officer
Waiver of Hearing to Modify Conditions
of Probation/Supervised Release or Extend Term of Supervision
I have been advised and understand that I am entitled by law to a hearing and assistance of counsel before any unfavorable change may be made in my Conditions of Probation and Supervised Release or my period of supervision being extended. By 'assistance of counsel,* I understand that I have the right to be represented at the hearing by counsel of my own choosing if I am able to retain counsel I also understand that I have the right to request the court to appoint counsel to represent me at such a hearing at no cost to myself if I am not able to retain counsel of my own choosing.
I hereby voluntarily waive my statutory right to a hearing and to assistance of counsel. I also agree to the following modification of my Conditions of Probation and Supervised Release or to the proposed extension of my term of supervision:
To modify the conditions of supervision as follows. The addition of the following special condition(s):
ALCOHOL/DRUG TESTING AND TREATMENT
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 Anther 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.
Wittiest _______________
U.S. Probation Officer
Adriana Garcia
Signed: _______________
Brobationer
Zellnia Tinsley
WILFREDO TORRES
CHIEF PROBATION OFFICER
SUPERVISION UNIT
Honorable Stanley R. Chester
United States District Judge
Martin Luther King, Jr. Federal Building
and United States Courthouse
Mailing Address;
Si WALNUT STREET
ROOM Mil
RE: TINSLEY, Zellnia
Docket #; 2:11-74(SRQ(1)
Request for Modification of Probation Conditions
Dear Judge Chester: On May 17,2011, the above-referenced was sentenced by Your Honor to three years probation for Theft of Government Funds. A $ 100 special assessment and $23,482 in restitution were imposed. Tinsley was ordered to abide by a special condition of no new debt. On March 13, 2012, Tinsley tested positive for marijuana use and she expressed remorse for smoking the illegal substance. Given Tinsley's history of drug and alcohol use, we kindly request that her conditions of supervision be modified to include alcohol/drug testing and treatment. As indicated by the attached Probation Form 49, Waiver ofHearing to Modify Conditions of Probation, Tinsley agrees to the modification and has waived her right to a hearing. Unless Your Honor considers otherwise, we ask that you review the enclosed documents and sign the Probation 12B Form, Request for Modifying the Conditions of Supervision, authorizing the modification. If Your Honor requests an alternative course of action, or wishes to discuss this matter further, please contact the undersigned at (973) 289-9167.
Respectfully submitted,
WILFREDO TORRES, Chief
U.S. Probation Officer
Maureen Kelly
By: Adriana Garcia
U.S. Probation Officer