Opinion
2:24-cr-00011-MKD
08-12-2024
USA v. Naccarato
Name of Sentencing Judicial Officer The Honorable Donald W. Molloy, U.S. District Judge, Name of Supervising Judicial Officer: The Honorable Mary K. Dimke, U.S. District Judge
PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION
PETITIONING THE COURT
To issue a summons.
On December 26, 2023, a supervision intake was completed. Ms. Naccarato's judgment was reviewed with her. She signed a copy of her judgment acknowledging an understanding of the conditions imposed by the Court.
The probation officer believes that the offender has violated the following condition(s) of supervision:
| Violation Number | Nature of Noncompliance |
| 1 | Standard Condition #8 : You must not communicate or interact with someone you know is engaged in criminal activity. If you know someone has been convicted of a felony, you must not knowingly communicate or interact with that person without first getting the permission of the probation officer. Supporting Evidence : It is alleged that Shelby Naccarato violated the terms of her supervised release by associating with a known felon, on or about July 16, 2024. On June 5, 2024, a report on offender under supervision was submitted to the Court alleging two violations of supervised release. One of the alleged violations involved Ms. Naccarato having contact with a known felon, who is also under federal supervision. On July 16, 2024, the undersigned officer was conducting contacts with persons under supervised release in the community. On this day, Ms. Naccarato's vehicle was observed at |
| the residence of the same individual noted in the report on offender under supervision filed on June 5, 2024. This officer attempted to reach Ms. Naccarato by phone. She did not answer, but a short time later, left a voice message apologizing for missing the call and advising she was on her way home from work. However, this officer was still near the residence of the other individual under supervision (IUS)and observed Ms. Naccarato exit the apartment, move her vehicle around the corner, and reenter the apartment building of the other IUS. | |
| 2 | Standard Condition #8 : You must not communicate or interact with someone you know is engaged in criminal activity. If you know someone has been convicted of a felony, you must not knowingly communicate or interact with that person without first getting the permission of the probation officer. Supporting Evidence : It is alleged that Shelby Naccarato violated the terms of her supervised release by associating with a known felon, on or about July 31, 2024. The undersigned officer received a Spokane City Police report referencing a malicious mischief call that occurred on July 31, 2024. It was noted that both Ms. Naccarato and the same IUS noted in alleged violation number 1 above, were together at the other IUS's residence. Ms. Naccarato was being accused of saying, “Your mom is going to die” to another individual, which the officer later verified hearing from a camera recording. Ms. Naccarato, after being confronted, admitted to being at the residence. She initially denied making the comment, “Your mom is going to die.” However, after she was advised the officer heard it from a camera recording, she admitted to saying it, but claimed she was not threatening anyone, rather was just essentially being insensitive to an individual whose mother was ill. |
| 3 | Mandatory Condition #3 : 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 as least two periodic drug tests thereafter, as determined by the court. Supporting Evidence : It is alleged that Shelby Naccarato violated the terms for her supervised release by consuming a controlled substance, methamphetamine, on or about August 7, 2024. On August 9, 2024, Shelby Naccarato reported to the United States Probation Office. After being advised a urinalysis would be required, she admitted to consuming methamphetamine on August 7, 2024, and signed a drug use admission form. |
The U.S. Probation Office respectfully recommends the Court issue a summons requiring the offender to appear to answer to the allegation(s) contained in this petition.
I declare under penalty of perjury that the foregoing is true and correct.
Melissa Hanson U.S. Probation Officer
THE COURT ORDERS
[ ] No Action
[ ] The Issuance of a Warrant
[X] The Issuance of a Summons
[ ] Other