Opinion
1:20CR00289-016
04-08-2022
U.S.A. v. Dominic Franshaw
PETITION FOR ACTION ON CONDITIONS OF PRETRIAL RELEASE
COMES NOW Evan John Cisneros, pretrial services/probation officer, presenting an official report upon the conduct of defendant Dominic Franshaw, who was placed under pretrial release supervision by the Molly H. Cherry, sitting in the court at Charleston, South Carolina on the 4th date of March, 2021 under the following conditions:
See the Order Setting Conditions of Release dated March 4, 2021.
Condition 1: The defendant must not violate federal, state or local law while on release.
Condition 7(1): The defendant must not use alcohol excessively.
Condition 7 (m): The defendant must not use or unlawfully possess a narcotic drug or other controlled substances as defined by 21 U.S.C. 802, unless prescribed by a licensed medical practitioner.
Condition 7(o): The defendant must participate in a program of inpatient or outpatient substance abuse therapy and counseling if directed by the Pretrial Services Office or supervising officer
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS:
On March 4, 2021, Domonic Franshaw was released by the Honorable Molly H. Cherry, U.S. Magistrate Judge from the District of South Carolina on a $25,000 unsecured bond with conditions of release and pretrial supervision. On March 15, 2021, the defendant, through counsel, waived his arraignment hearing scheduled for March 17, 2021, in the Western District of Texas before the Honorable Andrew Austin. He was released under the same conditions dated March 4, 2021. The defendant has a pending violation of Title 21 U.S.C. § 846 Conspiracy to Possess with Intent to Distribute Methamphetamine, LSD, and Fentanyl, out of the Western District of Texas-Austin Division, which is scheduled for a Docket Call on May 6, 2022, before U.S. District Judge Robert Pitman.
On April 20, 2021, the defendant was arrested by the Charleston County Sheriff's Office for Driving Under the Influence 1st-No Breath Alcohol Test, Possession of Marijuana, and Open Container of Beer or Wine in a Motor Vehicle. He was released on his own personal recognizance and these charges remain pending.
On February 16, 2022, the defendant submitted a urine specimen that tested positive for cocaine and marijuana. The defendant admitted to using CBD product (gummies) but denied the use of cocaine. This specimen was subsequently confirmed positive for Marijuana and Cocaine on February 25, 2022.
On March 29, 2022, the defendant submitted a urine specimen that tested positive for Marijuana. This specimen was confirmed positive for Marijuana on April 2, 2022.
On April 6, 2022, the defendant submitted a urine specimen that tested positive for marijuana. The defendant admitted to consuming a tea that may have contained CBD after previously being directed by his supervising officer to refrain from using any CBD product.
The defendant has also failed to appear for outpatient substance abuse treatment sessions at Alternatives Life Improvement Center on December 2, 2021, December 9, 2021, and February 24, 2022.
The U.S. Attorney's Office has been advised of these violations and concurs with the proposed course of action at this time.
PRAYING THAT THE COURT WILL ORDER that a Warrant be issued for the defendant to be brought before the Court to explain why his bond should not be revoked.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on 04/08/2022
ORDER
Considered and ordered this 8th day of April, 2022 and ordered filed and made a part of the records in the above case.