Opinion
2:22CR00201
08-11-2023
U.S. v. Jonathan Cortez-Ramirez
Date of Original Sentence: February 27, 2017
Date Supervision Commenced: July 22, 2022
Date Jurisdiction Transferred to District of Nevada: September 22, 2022
HONORABLE ROBERT A. JUNELL, JUDGE
PETITION FOR WARRANT FOR OFFENDER UNDER SUPERVISION
HONORABLE GLORIA M. NAVARRO, JUDGE
PETITIONING THE COURT
[X] To issue a warrant.
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.
On August 10, 2023, Cortez-Ramirez tested positive for methamphetamine.
2. Substance Abuse Treatment - You must participate in an inpatient substance abuse treatment program and follow the rules and regulations of that program. The probation officer will supervise your participation in the program (provider, location, modality, duration, intensity, etc.).
On August 10, 2023, while in residential treatment, Cortez-Ramirez tested positive for methamphetamine. Cortez-Ramirez admitted to the facility director that he used methamphetamine while in the program. In addition, methamphetamine was found in his bunk. Cortez-Ramirez failed to follow the rules and regulation of the inpatient substance abuse treatment program, resulting in his unsuccessful discharge from the program.
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 August 11, 2023
Digitally signed by Javier Muruato-Cortez Date: 2023.08.1116:00:33 -07'00'
Javier Muruato, U.S. Probation Officer
Approved:
Digitally signed by Todd Fredlund Date: 2023.08.1115:56:00 -07'00'
Todd J. Fredlund Supervisory United States Probation Officer
THE COURT ORDERS
[] No Action.
[X] The issuance of a warrant.
[] The issuance of a summons.
[] Other:
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA UNITED STATES V. JONATHAN CORTEZ-RAMIREZ, 2:22CR00201
SUMMARY IN SUPPORT OF PETITION FOR WARRANT August 11, 2023
By way of case history, on May 26, 2023, our office filed Petition for Warrant for Offender Under Supervision (ECF No.: 9). It is alleged in the petition that Cortez-Ramirez violated his release conditions by testing positive for methamphetamine on 11 occasions, missing five (5) drug tests, and absconding from the residential reentry center (RRC). In lieu of a warrant Your Honor issued a Summons.
On July 12, 2023, Cortez-Ramirez appeared before Your Honor for his revocation hearing. It was agreed upon by all parties to allow Cortez-Ramirez the opportunity to participate in residential substance abuse treatment at WestCare. His sentencing would be held in abeyance until he completed treatment. Cortez-Ramirez was released from custody on July 18, 2023, to attend the intake assessment at WestCare for admission into the residential program at Harris Spring Ranch (HSR) on July 20, 2023.
On July 10, 2023, the undersigned officer was notified by Edgar Salcido, the Director of HSR, that Cortez-Ramirez submitted to a drug test, which yielded positive results for methamphetamine. In addition, methamphetamine was found in Cortez-Ramirez's bunk. Cortez-Ramirez initially denied use of methamphetamine. After further inquiry and another drug test, Cortez-Ramirez admitted to using methamphetamine.
As a result of his relapse, lack of honesty, and non-compliance with the rules and regulations of HSR, Cortez-Ramirez has been terminated from the program.
Cortez-Ramirez has not utilized the opportunity granted by the Court to participate in residential substance treatment. Despite being in an inpatient treatment setting, he persists in the abuse of methamphetamine. There is not a single condition or combination of conditions that can ensure Cortez-Ramirez will comply with Court orders. It is respectfully recommended that a warrant be issued and that he remains in custody pending his revocation hearing.
Approved:
Todd J. Fredlund Supervisory U.S. Probation Officer
Respectfully submitted, Javier Muruato U.S. Probation Officer