Opinion
Docket Number: 09-00675-001 PACTS Number: 55442
12-14-2012
USA v. VARGAS
Assistant U.S. Attorney: Brian Lee Urbano, 970 Broad Street, Room 502, Newark, New Jersey 07102, (973) 645-2700 Defense Attorney: Patrick N. McMahon, 1002 Broad Street, Newark, New Jersey 07102, (973) 645-6347
Second Petition for Warrant or Summons for Offender Under Supervision
Name of Offender: Carlos Vargas Name of Sentencing Judicial Officer: Honorable Robert B. Kugler
United States District Judge Date of Original Sentence: 05/26/2010 Original Offense: Conspiracy to Distribute and Possess With Intent to Distribute 500 Grams or More of Cocaine Original Sentence: 24 months imprisonment; 5 years supervised release; $100 Special Assessment. First Violation of Supervised Release Sentence: 10/11/12: Pleaded guilty to continued drug use. Continued on supervised release with the addition of 6 months location monitoring. Type of Supervision: Supervised Release Date Supervision Commenced: 04/13/11 Assistant U.S. Attorney: Brian Lee Urbano, 970 Broad Street, Room 502, Newark, New Jersey 07102, (973) 645-2700 Defense Attorney: Patrick N. McMahon, 1002 Broad Street, Newark, New Jersey 07102, (973) 645-6347
PETITIONING THE COURT
[ ] To issue a warrant [×] To issue a summons The probation office believer that the offender has violated the following condition(s) of supervision:
+-----------------------------------------------------------------------------+ ¦Violation Number ¦Nature of Noncompliance ¦ +------------------+----------------------------------------------------------¦ ¦ ¦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 ¦ ¦ ¦ ¦ ¦ ¦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 ¦ ¦1 ¦ ¦ ¦ ¦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.' ¦ +-----------------------------------------------------------------------------+
+-----------------------------------------------------------------------------+ ¦ ¦On November 16, 2012, the offender tested positive for cocaine and ¦ ¦ ¦ ¦ ¦ ¦Benzoylecgonone (the compound tested for in substantive cocaine urinalyses)¦ ¦ ¦via ¦ ¦ ¦ ¦ ¦ ¦an oral screening test. The specimen was confirmed positive by the national¦ ¦ ¦ ¦ ¦ ¦laboratory (COC No. R34713116). ¦ +-+---------------------------------------------------------------------------¦ ¦ ¦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 ¦ ¦ ¦ ¦ ¦ ¦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.¦ ¦ ¦ ¦ ¦2¦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.' ¦ ¦ ¦ ¦ ¦ ¦On November 30, 2012, the offender tested positive for cocaine and ¦ ¦ ¦ ¦ ¦ ¦Benzoylecgonone (the compound tested for in substantive cocaine urinalyses)¦ ¦ ¦via ¦ ¦ ¦ ¦ ¦ ¦an oral screening test. The specimen was confirmed positive by the national¦ ¦ ¦ ¦ ¦ ¦laboratory (COC No. R3471254). ¦ +-----------------------------------------------------------------------------+
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 [√] The Issuance of a Summons. Date of Hearing: [ ] No Action [ ] Other
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Signature of Judicial Officer