Opinion
2:22CR00273
08-24-2023
USA v. Graham v.
PETITION FOR WARRANT FOR OFFENDER UNDER SUPERVISION
Name of Sentencing Judicial Officer: Honorable Robert G. Klausner
Date of Original Sentence: August 14, 2017
Original Offense: Conspiracy to Commit Bank Fraud
Original Sentence: 25 Months prison, followed by 36 Months TSR.
Date of Prior Revocation: March 13, 2023
Revocation Sentence: Continued on Current Term (Not Revoked)
Date Supervision Commenced: February 11, 2022
Date Jurisdiction Transferred to District of Nevada: December 7, 2022
Name of Assigned Judicial Officer: Honorable Cristina D. Silva
PETITIONING THE COURT
[X] To issue a warrant.
The probation officer believes the offender has violated the following condition(s) of supervision:
1 Refrain From Unlawful Use of Controlled Substance - The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of placement on probation and at least two periodic drug tests, thereafter, as determined by the court, not to exceed 104 tests annually. Revocation is mandatory for refusal to comply.
Graham has tested positive for controlled substances on the following dates:
- June 5, 2023 (marijuana)
- June 6, 2023 (marijuana and methamphetamine)
Graham has failed to report to drug testing on the following dates:
- June 17, 2023
2. Submit Monthly Report - The defendant shall report to the probation officer and shall submit a truthful and complete written report within the first five days of each month.
Graham failed to submit a monthly supervision report for the following months:
- January 2023
- February 2023
- March 2023
- April 2023
- May 2023
3. Substance Abuse Treatment - You must participate in an outpatient 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.).
Graham has failed to attend treatment on the following days:
- March 15, 2023
- March 22, 2023
- March 30, 2023
- April 6, 2023
- April 19, 2023
- April 26, 2023
- April 27, 2023
- May 5, 2023
- May 10, 2023
- May 17, 2023
- June 6, 2023
- June 7, 2023
4. Maintain Employment - The defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other acceptable reasons.
Graham has failed to provide any employment verification documents for the following months:
January 2023
-February 2023
- March 2023
- April 2023
- May 2023
- June 2023
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 June 23, 2023
Deleyna Joseph United States Probation Officer
Approved:
Joy Gabonia Supervisory United States Probation Officer
THE COURT ORDERS
[ ] No Action.
[ ] The issuance of a warrant.
[ ] The issuance of a summons.
[ ] Other:
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA UNITED STATES V. JOVANNI CORTE GRAHAM, 2:22CR00273
SUMMARY IN SUPPORT OF PETITION FOR WARRANT une 23, 2023
On March 13, 2023, Graham appeared before Your Honor for a revocation hearing of supervised release for violations of the following conditions: Refrain from the Use of Controlled Substances, Fail to Submit a Monthly Report, Maintaining Employment, and Substance Abuse Treatment. At the hearing, Graham was continued on supervision with a modification to his special conditions. Specifically, Graham was ordered to attend and complete intensive outpatient substance abuse treatment.
On March 15, 2023, Graham was instructed to report to WestCare to complete his initial assessment for placement into their Intensive Outpatient Treatment (IOP) program. Graham, reported late for his initial appointment, and therefore was rescheduled for March 22, 2023. Since his enrollment, Graham has failed to take the IOP program seriously and has failed to appreciate the Court's generosity. His treatment enrollment has been marred with noncompliance. On March 22, 2023, Graham reported over an hour late for treatment and then abruptly left. He returned approximately 90 minutes later for treatment but was advised that his attendance would not count as he did not stay/participate for the entire treatment group. On March 30, 2023, Graham again reported late to group and again left without completing/participating in the entire treatment session. On April 6, 2023, and again on April 19, 2023, Graham failed to show for his required treatment session.
The probation office and WestCare has continued to try to work with Graham to assist him in obtaining and maintaining his sobriety and to assist him with completing the required treatment ordered by the Court. When Graham indicated that the travel to and from treatment was a burden, WestCare offered Graham the opportunity to reside at their facility. It should also be noted that the probation office offered Graham placement at the Residential Reentry Center (RRC), prior to his treatment enrollment to lessen the burden of travel. When Graham indicated that the treatment times were getting in the way of employment opportunities, Graham was afforded the opportunity to transfer groups to accommodate his schedule. Though offered continued assistance from the probation office and WestCare Graham has continually failed to report for treatment sessions as instructed. As outlined in the petition, Graham has failed to report for treatment on 12 separate occasions.
In addition to failing to report for treatment sessions, Graham has tested positive for controlled substances. Specifically, he tested positive for marijuana use on June 6, 2023. On June 7, 2023, Graham tested positive for both marijuana and methamphetamine use. The national laboratory confirmed the positive drug tests. In addition to testing positive for controlled substance use, Graham has failed to report for drug testing as instructed. On June 17, 2023, Graham cited that he was busy buying a BMW, and therefore, could not report to drug testing as instructed. It should be noted that Graham had known for approximately nine (9) hours that he was required to report to drug testing.
In addition to failing to report for treatment sessions, failing to report for drug testing and testing positive for controlled substance use, Graham has also failed to submit monthly supervision reports and failed to provide proof of employment as outlined in the petition. At this time, it is unknown if Graham is maintaining any form of employment despite being instructed to provide said documents.
Graham has continued his noncompliant behavior despite Yoiu" Honor graciously affording him another opportunity to gam sobriety and remain in the community. Graham has been afforded several accommodations to aid him in achieving this goal as well as outlined above. Graham has rejected every offer made by the Probation Office and by WestCare to assist him with the completion of required treatment. At this time, Graham is either unwilling or unable to comply with the conditions set forth by the Court. It is respectfully requested that a warrant be issued in this case and that he be detained pending revocation proceedings.