Opinion
0980 2:21CR00039-RMP-1
03-25-2022
USA v. Vincent Perez Martinez
Asst. U.S. Attorney: Timothy J. Ohms Date Supervision Commenced: January 10, 2020 Defense Attorney: Payton B. Martinez Date Supervision Expires: January 9, 2025
Asst. U.S. Attorney: Timothy J. Ohms Date Supervision Commenced: January 10, 2020
Defense Attorney: Payton B. Martinez Date Supervision Expires: January 9, 2025
Honorable Jack D. Shanstrom, Senior U.S. District Judge
PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION
Honorable Rosanna Malouf Peterson, Senior U.S. District Judge
Date of Original Sentence: October 20, 1999
Original Offense: Count 1: Conspiracy to Possess with Intent to Distribute Methamphetamine, 21 U.S.C. §§ 841(a)(1); 846, and 2; Count 2: Use of a Firearm During a Drug Trafficking Offense, 18 U.S.C. § 924(c)(1), (2)
Original Sentence: Prison - 593 months Type of Supervision: Supervised Release
TSR - 60 months
Amended Sentence: Prison - 353 months
(October 29, 2003) TSR - 60 months
Amended Sentence: Prison - 300 months
(May 10, 2006) TSR - 60 months
Amended Judgment: Prison - 300 months (July 30, 2008) TSR - 60 months
Sentence Reduction: Prison - 290 months (January 20, 2016) TSR - 60 months
PETITIONING THE COURT
To incorporate the violation(s) contained in this petition in future proceedings with the violation(s) previously reported to the Court on 3/9/2022.
On January 16, 2020, Mr. Martinez reviewed the judgment and sentence and signed the paperwork noting he understood the conditions of his term of supervised release, which included special condition number 4. Additionally, on February 3, 2022, Mr. Martinez was advised by the Court that his conditions would be modified to add two special conditions, which included special condition ‘B' as a result of his prior violations. Additionally, on February 21, 2022, Mr. Martinez signed the service guidelines with Smart Start.
The probation officer believes that the offender has violated the following condition(s) of supervision:
Violation Number Nature of Noncompliance
6 Special Condition #4: The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale. This condition supersedes standard condition number 7 with respect to alcohol consumption only.
Supporting Evidence : Mr. Martinez is alleged to have violated special condition number 4 of his conditions of supervision by consuming alcohol on March 9, 2022.
On March 10, 2022, this officer reviewed Mr. Martinez' daily report for March 9, 2022, which showed Mr. Martinez provided a positive breath alcohol content (BAC) of .033 at 6 p.m. At 10 p.m., Mr. Martinez provided a BAC of .015, which is considered passing; however, alcohol was still present in his system.
7 Special Condition #4: The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale. This condition supersedes standard condition number 7 with respect to alcohol consumption only.
Supporting Evidence : Mr. Martinez is alleged to have violated special condition number 4 of his conditions of supervision by consuming alcohol on March 10, 2022.
On March 11, 2022, this officer reviewed Mr. Martinez' daily report for March 10, 2022, which showed Mr. Martinez provided a positive BAC of .028 at 6:01p.m. Mr. Martinez took two additional tests at 6:04 p.m. and 6:07 p.m., and those BAC readings were .026 and .030, respectively.
8 Additional Condition: You shall participate in Smart Start Smart Mobile, a portable Breathalyzer program, for 120 days. You shall abide by all the rules and regulations of the program and pay part or all costs of this program. This special condition supersedes only one previously imposed special regarding the expectation for Breathalyzer tests.
Supporting Evidence : Mr. Martinez is alleged to have violated this additional condition by violating the Smart Start Smart Mobile testing on March 10, 2022.
On March 11, 2022, this officer reviewed Mr. Martinez' daily report for March 10, 2022, which showed Mr. Martinez skipped his required testing during the 10-11 p.m. window.
9 Special Condition #4: The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale. This condition supersedes standard condition number 7 with respect to alcohol consumption only.
Supporting Evidence : Mr. Martinez is alleged to have violated special condition number 4 of his conditions of supervision by consuming alcohol on March 11, 2022.
On March 14, 2022, this officer reviewed Mr. Martinez' daily report for March 11, 2022, which showed Mr. Martinez provided a positive BAC of .038 at 6:48 a.m. Mr. Martinez took two additional tests at 6:51p.m. and 6:53 p.m., and those BAC readings were .035 and .038, respectively.
10 Additional Condition: You shall participate in Smart Start Smart Mobile, a portable Breathalyzer program, for 120 days. You shall abide by all the rules and regulations of the program and pay part or all costs of this program. This special condition supersedes only one previously imposed special regarding the expectation for Breathalyzer tests.
Supporting Evidence : Mr. Martinez is alleged to have violated this additional condition by violating the Smart Start Smart Mobile testing on March 11, 2022.
On March 14, 2022, this officer reviewed Mr. Martinez' daily report for March 11, 2022, which showed Mr. Martinez skipped his required testing during the 2-3 p.m. window.
11 Special Condition #4: The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale. This condition supersedes standard condition number 7 with respect to alcohol consumption only.
Supporting Evidence : Mr. Martinez is alleged to have violated special condition number 4 of his conditions of supervision by consuming alcohol on March 12, 2022.
On March 14, 2022, this officer reviewed Mr. Martinez' daily report for March 12, 2022, which showed Mr. Martinez provided a positive BAC of .030 at 6:27 p.m.
12 Additional Condition: You shall participate in Smart Start Smart Mobile, a portable Breathalyzer program, for 120 days. You shall abide by all the rules and regulations of the program and pay part or all costs of this program. This special condition supersedes only one previously imposed special regarding the expectation for Breathalyzer tests.
Supporting Evidence : Mr. Martinez is alleged to have violated this additional condition by violating the Smart Start Smart Mobile testing on March 12, 2022.
On March 14, 2022, this officer reviewed Mr. Martinez' daily report for March 12, 2022, which showed Mr. Martinez skipped his required testing during the 10-11 p.m. window.
13 Additional Condition: You shall participate in Smart Start Smart Mobile, a portable Breathalyzer program, for 120 days. You shall abide by all the rules and regulations of the program and pay part or all costs of this program. This special condition supersedes only one previously imposed special regarding the expectation for Breathalyzer tests.
Supporting Evidence : Mr. Martinez is alleged to have violated this additional condition by violating the Smart Start Smart Mobile testing on March 13, 2022.
On March 14, 2022, this officer reviewed Mr. Martinez' daily report for March 12, 2022, which showed Mr. Martinez skipped his required testing during the 6-7 a.m., 10-11 a.m., and 2-3 p.m.
14 Additional Condition: You shall participate in Smart Start Smart Mobile, a portable Breathalyzer program, for 120 days. You shall abide by all the rules and regulations of the program and pay part or all costs of this program. This special condition supersedes only one previously imposed special regarding the expectation for Breathalyzer tests.
Supporting Evidence : Mr. Martinez is alleged to have violated this additional condition by violating the Smart Start Smart Mobile testing on March 17, 2022.
On March 18, 2022, this officer reviewed Mr. Martinez' daily report for March 17, 2022, which showed Mr. Martinez skipped his required testing during the 10-11 a.m. window.
15 Special Condition #4: The defendant shall abstain from the consumption of alcohol and shall not enter establishments where alcohol is the primary item of sale. This condition supersedes standard condition number 7 with respect to alcohol consumption only.
Supporting Evidence : Mr. Martinez is alleged to have violated special condition number 4 of his conditions of supervision by consuming alcohol on March 17, 2022.
On March 18, 2022, this officer reviewed Mr. Martinez' daily report for March 17, 2022, which showed Mr. Martinez provided a positive BAC of .048 at 2:59 p.m. Mr. Martinez was required to provide a test at 3 p.m., but he did not complete any tests thereafter for the remainder of the day.
16 Additional Condition: You shall participate in Smart Start Smart Mobile, a portable Breathalyzer program, for 120 days. You shall abide by all the rules and regulations of the program and pay part or all costs of this program. This special condition supersedes only one previously imposed special regarding the expectation for Breathalyzer tests.
Supporting Evidence : Mr. Martinez is alleged to have violated this additional condition by violating the Smart Start Smart Mobile testing on March 20, 2022.
On March 21, 2022, this officer reviewed Mr. Martinez' daily report for March 20, 2022, which reported Mr. Martinez skipped his required testing during the 6-7 a.m., 10-11 a.m., and 2-3 p.m. windows.
The U.S. Probation Office respectfully recommends the Court to incorporate the violation(s) contained in this petition in future proceedings with the violation(s) previously reported to the Court.
I declare under penalty of perjury that the foregoing is true and correct.
Emely Cubias U.S. Probation Officer THE COURT ORDERS
[ ] No. Action
[ ] The Issuance of a Warrant
[ ] The Issuance of a Summons
[ X] The incorporation of the violation(s) contained in this petition with the other violations pending before the Court.
[ ] Defendant to appear before the Judge assigned to the case.
[X] Defendant to appear before the Magistrate Judge.