Opinion
2:23-cr-121
01-10-2024
U.S.A. v. Daniel Lee Smith
PETITION FOR ACTION ON CONDITIONS OF PRETRIAL RELEASE
Honorable Kyle C. Dudek U.S. Magistrate Judge
COMES NOW Ruben Fournier, PRETRIAL SERVICES OFFICER, presenting an official report upon the conduct of defendant Daniel Lee Smith, who was placed under pretrial release supervision by the Honorable Kyle C. Dudek sitting in the Court at Fort Myers, Florida, on 12/1/2023, under the following conditions:
Pretrial supervision; drug use; substance abuse testing; substance abuse treatment:
Respectfully presenting petition for action of Court and for cause as follows:
No use or unlawful possession of controlled substance, unless prescribed by a licensed medical practitioner:
On December 14, 2023, the defendant submitted to a substance abuse test and his results were positive for methamphetamines and confirmed positive by the defendant's admission.
Report to Pretrial Services as directed:
On December 14, 2023, the defendant was instructed to contact Officer Ruben Fournier on December 18, 2023. As of December 20, 2023, the defendant has failed to contact Pretrial Services.
Submit to substance abuse testing as directed by Pretrial Services:
On December 19, 2023, the defendant failed to report to Pretrial Services for his substance abuse testing day. As of December 20, 2023, the defendant has not reported to Pretrial Services for testing or made contact to reschedule.
Defendant must immediately advise the court, Pretrial Services Office, defense counsel, and the U.S. Attorney in writing of any change in address or telephone number
On December 29, 2023, Pretrial Services received a text message from the defendant's roommate advising the defendant had left his home two weeks prior and is not allowed to return.
Defendant's residence is restricted to 3150 Shorewood Lane, Apt. 101 Fort Myers, Florida
On December 29, 2023, Pretrial Services received a text message from the defendant's roommate advising the defendant had left his home two weeks prior and is not allowed to return.
Submit to substance abuse testing
On January 3, 2024, the defendant failed to report for his substance abuse testing day.
Participate in a program of inpatient or outpatient substance abuse testing, education, or treatment
On January 2, 2024, Pretrial Services was notified by TLS consultants that the defendant failed to report for his Substance Abuse Evaluation
Report as directed to Pretrial Services
As of January 9, 2023, the defendant has failed to report to Pretrial Services and his current whereabouts are unknown
PRAYING THAT THE COURT WILL ADDRESS THE ALLEGED VIOALTIONS AT THE DEFENDANT'S VIOLATION HEARING, WHICH A WARRANT HAS BEEN ALREADY ISSUED PURSUANT TO THE PROVISIONS OF TITLE 18, U.S.C. SECTION 3148
ORDER OF COURT
I declare under penalty of perjury that the foregoing is true and correct.
Ruben Fournier U.S. Pretrial Services Officer