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In re Rodriguez

United States District Court, E.D. Washington

March 6, 2017

Isaac Ray Rodriguez

          Asst. U.S. Attorney: Matthew Duggan

          PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION

          Edward F. Shea, Senior U.S. District Judge

         PETITIONING THE COURT

         To issue a warrant.

         The probation officer believes that the offender has violated the following condition(s) of supervision:

Violation Number Nature of Noncompliance
1 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 at least two periodic drug tests thereafter, as determined by the Court.
SupportingEvidence: On February17, 2017, Mr. Rodriguez reported to U.S. Probation and readily admitted to using cocaine on February 15, 2017, Mr. Rodriguez then submitted a urinalysis sample for testing that was presumptive positive for cocaine. The client signed a drug use admission form documenting his use of cocaine on February 15, 2017.
On February 21, 2017, Mr. Rodriguez reported to Alcohol Drug Education Prevention and Treatment (ADEPT) and submitted a urinalysis sample for testing that was presumptive positive for cocaine. Mr. Rodriguez indicated that he believed the resulting positive urinalysis sample was residual from his use on February 15, 2017, and adamantly denied any new use of cocaine. The sample provided by the client at ADEPT on February 21, 2017, was later confirmed as positive for cocaine by the provider's contract toxicology laboratory. It should be noted that based on the time frames present, this incident would appear to indicate the client's continued use of cocaine.
2 Standard Condition # 13: You must follow the instructions of the probation officer related to the conditions of supervision.
Supporting Evidence: On February 21, 2017, Mr. Rodriguez reported to U.S. Probation as previously directed by the undersigned officer. During the conversation, Mr. Rodriguez was directed to report again on Monday (February 27, 2017). Mr. Rodriguez failed to report as directed.
On February 28, 2017, the undersigned officer attempted to contact the client on his cell phone; however, the he did not answer, and this officer was not afforded the ability to leave a voice mail. A voice mail was subsequently left on the client's wife's cell phone requesting the client report to U.S. Probation on that date, and contact the undersigned officer as soon as possible. Additionally on February 28, 2017, the undersigned officer attempted to contact the client at his residence. After receiving no response, a business card was left in the client's door directing him to report to U.S. Probation on Wednesday (March 1, 2017) at 8 a.m. As of the writing of this report, Mr. Rodriguez has not made contact with the undersigned officer and as a result, his compliance with his conditions of supervised release as ordered by the Court remains unknown to the U.S. Probation Office.
3 Special Condition # 2: You shall perform 300 hours (minus any hours performed as of 12/09/2016) of community service work, at a rate of not less than 10 hours per month, as approved by the U.S. Probation Office. If you are unemployed while on supervision, you shall perform an additional 20 hours of community service per week, for a total of 90 hours of community service per month.
Supporting Evidence : As of December 9, 2016, Mr. Rodriguez had a remaining 37 hours of community service owed. As of the writing of this report, Mr. Rodriguez has failed to complete any of his remaining 37 hours of ...

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