Opinion
Case No. CR04-358-MJP.
February 3, 2006
SUMMARY REPORT OF U.S. MAGISTRATE JUDGE AS TO ALLEGED VIOLATIONS OF SUPERVISED RELEASE
An evidentiary hearing on supervised release revocation in this case was scheduled before me on February 3, 2006. The United States was represented by AUSA Susan M. Roe and the defendant by Carol A. Koller . The proceedings were digitally recorded.
Defendant had been sentenced on or about February 9, 1994 by the Honorable William L. Dwyer on a charge of Conspiracy to Distribute Cocaine, and sentenced to 135 months custody, 5 years supervised release.
The conditions of supervised release included the standard conditions plus the requirements that defendant not possess any firearms, submit to search, participate in a narcotic addiction/drug dependency treatment and testing program, abstain from the use of alcohol, and provide access to financial information. Probation was initially transferred to the Eastern District of California in February 2004. Supervision was transferred back to this District in July 2004 and assigned to the Honorable Marsha J. Pechman. (Dkt. 3).
On August 5, 2005, defendant admitted to violating the conditions of supervised release by using cocaine and opiates, and by failing to participate in substance abuse treatment. (Dkt. 9). The defendant was sentenced to sixty-three days in custody, followed by 48 months of supervised release. Previous conditions of supervised release were re-imposed, and the defendant was required to participate in a drug treatment program at Pioneer Human Services. (Dkt. 12).
In an application dated December 8, 2005 (Dkt 13), U.S. Probation Officer Monique D. Neal, alleged the following violations of the conditions of probation:
1. Using Cocaine, on or before October 13, and October 21, 2005, in violation of standard condition #7.
2. Failing to report for drug testing as directed by the U.S. Probation Office on November 18, November 22, November 29, and December 7, 2005, in violation of the special condition that the defendant participate in a program approved by the probation officer for treatment of narcotic addiction or drug or alcohol dependency, which may include testing and examination to determine if the defendant has reverted to the use of drugs or alcohol.
3. Failing to participate in substance abuse treatment, in violation of the special condition that the defendant participate as instructed by the probation office in a program for treatment of narcotic addiction or drug dependency.
Defendant was advised in full as to those charges and as to her constitutional rights.
Defendant admitted the alleged violations and waived any evidentiary hearing as to whether they occurred.
I therefore recommend the Court find defendant violated her supervised release as alleged, and that the Court conduct a hearing limited to the issue of disposition. The next hearing will be set before Judge Pechman.
Pending a final determination by the Court, defendant has been detained.