Opinion
Docket Number: 12-00284-001 PACTS Number: 61168
01-23-2013
USA v. Clark Daniel Yanez-Sagastcgui
Assistant U.S. Attorney: David M. Eskew , 970 Broad Street, Room 502, Newark, New Jersey 07102, (973) 645-2700 Defense Attorney: Lorraine S. Gauli-Rufo, Esq., Federal Public Defender , 1002 Broad Street, Newark, New Jersey 07102, (973) 645-634
Petition for Warrant or Summons for Offender Under Supervision
Name of Sentencing Judicial Officer: Nicholas G. Garaufis, USDJ - ED/NY Name of Assigned Judicial Officer: Stanley R. Chester, USDJ - D/NJ Date of Original Sentence: 10/04/12 Original Offense: Importation of Cocaine Original Sentence: 12 months and I day imprisonment; 3 years supervised release; $ 100 special assessment. Special conditions include the preclusion of possessing a firearm; drug testing/treatment; maintaining full-time, verifiable employment and/or participation in an educational or vocational training program as directed by the Probation Department; participation in an English as a Second Language course; and not re-entering the United States illegally if deported. Type of Supervision: Supervised Release Date Supervision Commenced: 12/06/12 Assistant U.S. Attorney: David M. Eskew, 970 Broad Street, Room 502, Newark, New Jersey 07102, (973) 645-2700 Defense Attorney: Lorraine S. Gauli-Rufo, Esq., Federal Public Defender, 1002 Broad Street, Newark, New Jersey 07102, (973) 645-634
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 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¦ ¦1 ¦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 drag test administered on December 6,2012, the day of his release from ¦ ¦ ¦Essex County Jail, Newark, New Jersey, Yanez-Sagastegui tested positive for¦ ¦ ¦marijuana. He admitted to smoking marijuana while in custody, and executed ¦ ¦ ¦his signature on the Admission of Drug Use form. Yanez-Sagastegui was ¦ ¦ ¦directed to participate in at least one Narcotics Anonymous meeting per ¦ ¦ ¦week. To date, he has provided proof of his attendance at only one meeting.¦ +-+---------------------------------------------------------------------------¦ ¦ ¦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. You shall ¦ ¦ ¦abide by the rules of any program and shall remain in treatment until ¦ ¦2¦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 urine specimen collected on January 4,2013, appeared positive for ¦ ¦ ¦cocaine. Yanez-Sagastegui initially denied use. After repeated questioning,¦ ¦ ¦he contemplated that he may have used cocaine on New Year's Eve; however, ¦ ¦ ¦he could not confirm this because he was admittedly highly intoxicated. On ¦ ¦ ¦January 12,2013, the laboratory confirmed the results of the instant test. ¦ +-+---------------------------------------------------------------------------¦ ¦ ¦The offender has violated the standard supervision condition which states ¦ ¦ ¦'You shall notify the probation officer within 72 hours of any change of ¦ ¦ ¦residence or employment.' ¦ ¦3¦ ¦ ¦ ¦On December 6, 2012, Yanez-Sagastegui reported that he would be residing at¦ ¦ ¦316 Union Avenue, Paterson, New Jersey. In fact, he never lived at this ¦ ¦ ¦address and he failed to report the correct address to the probation ¦ ¦ ¦office. ¦ +-+---------------------------------------------------------------------------¦ ¦ ¦The offender has violated the standard supervision condition which states ¦ ¦ ¦'You shall answer truthfully all inquiries by the probation officer and ¦ ¦ ¦follow the instructions of the probation officer.' ¦ ¦ ¦ ¦ ¦ ¦On December 6, 2012. Yanez-Sagastegui reported to USPO Adriana Garcia that ¦ ¦4¦he would be residing at 316 Union Avenue, Paterson, New Jersey. On December¦ ¦ ¦11,2012, he confirmed that he was living at this address when interviewed ¦ ¦ ¦by the undersigned. During an attempted home contact on December 13, 2012, ¦ ¦ ¦the undersigned learned that Yanez-Sagastegui did not reside at that ¦ ¦ ¦address. On that date, the undersigned located the offender at 80 Front ¦ ¦ ¦Street, Paterson, New Jersey, the address he admitted he had been living at¦ ¦ ¦since his release. ¦ +-----------------------------------------------------------------------------+
+-----------------------------------------------------------------------------+ ¦ ¦The offender has violated the standard supervision condition which ¦ ¦ ¦states: 'As a condition of supervision, you are instructed to pay a ¦ ¦5 ¦special assessment in the amount of $100 which shall be paid ¦ ¦ ¦immediately." ¦ ¦ ¦ ¦ ¦ ¦Yanez-Sagastegui has not paid the special assessment. ¦ +---+-------------------------------------------------------------------------¦ ¦ ¦The offender has violated the special supervision condition which states ¦ ¦ ¦'The defendant shall report to the probation officer in a manner and ¦ ¦ ¦frequency directed by the Court or probation officer.' ¦ ¦6 ¦ ¦ ¦ ¦Yanez-Sagastegui failed to report as directed on December 19,2012, and ¦ ¦ ¦January 17,2013 (the day he was scheduled for a substance abuse ¦ ¦ ¦assessment with Sr. PO Susan Karlak), and January 22,2013. ¦ +-----------------------------------------------------------------------------+
I declare under penalty of perjury that the foregoing is true and correct.
By: Denise Morales
U.S. Probation Officer
THE COURT ORDERS: [ ] The Issuance of a Warrant
[√] The Issuance of a Summons. Date of Hearing:
[ ] No Action
[ ] Other
______________________
Signature of Judicial Officer