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In re Salamanca

United States District Court, E.D. Washington

January 3, 2018

Abraham Salamanca

          Asst. U.S. Attorney: Ben Seal

          Defense Attorney: Alex B. Hernandez

          PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION

          THE HONORABLE LONNY R. SUKO, SENIOR U.S. DISTRICT JUDGE.

         PETITIONING THE COURT

         To issue a warrant.

         The probation officer believes that the offender has violated the following conditions of supervision:

Violation Number Nature of Noncompliance
1 Standard Condition # 9: After initially reporting to the probation office, the defendant will receive instructions from the Court or the probation officer about how and when to report to the probation officer as instructed.
Supporting Evidence: On January 12, 2017, Mr. Salamanca signed his conditions of supervised release relative to this docket number 2:09CR02074-LRS-1, indicating he understood all conditions as ordered by the Court.
Mr. Salamanca attended Sobriety Treatment and Education Program (STEP) Court on December 20, 2017. At the conclusion of STEP Court, Mr. Salamanca was directed to report back to STEP on January 3, 2018, at 10:30 a.m. On January 2, 2018, Mr. Salamanca was reminded by this officer to report to STEP the following day. Mr. Salamanca failed to report to STEP Court on January 3, 2018, as directed, and he failed to contact this officer to discuss why he could not attend STEP Court.
2 Special Condition # 22; The defendant shall abstain from the use of illegal controlled substances, and shall submit to urinalysis and sweat patch testing, as directed by the supervising officer, but no more than 6 tests per month, in order to confirm continued abstinence from these substances.
Supporting Evidence: On January 12, 2017, Mr. Salamanca signed his conditions of supervised release relative to this docket number 2:09CR02074-LRS-1, indicating he understood all conditions as ordered by the Court.
Mr. Salamanca failed to report for his random urinalysis (UA) test on December 29, 2017, at Merit Resource Services (Merit) in Yakima, Washington. Mr. Salamanca has provided UAs at Merit since March 2017 and is fully aware he must call the color line every day and report for a UA when his color is called.
3 Special Condition # 22; The defendant shall abstain from the use of illegal controlled substances, and shall submit to urinalysis and sweat patch testing, as directed by the supervising officer, but no more than 6 tests per month, in order to confirm continued abstinence from these substances.
Special Condition # 23:The defendant shall not enter into or remain in any establishment where alcohol is the primary item of sale. The defendant shall abstain from alcohol and shall submit to urinalysis and Breathalyzer testing as directed by the supervising officer, but no more than 6 tests per month, in order to confirm continued abstinence from this substance.
Supporting Evidence: On January 12, 2017, Mr. Salamanca signed his conditions of supervised release relative to this docket number 2:09CR02074-LRS-1, indicating he understood all conditions as ordered by the Court.
Mr. Salamanca reported to this officer on January 2, 2018. When Mr. Salamanca was questioned about any use of controlled substances, he admitted consuming alcohol, cocaine, and marijuana on December 27, 2017. Mr. Salamanca signed a drug use admission form acknowledging he consumed controlled substances.
Mr. Salamanca also provided a UA test which sight tested positive for the presence of methamphetamine. The UA test was sent to the lab for verification. At the time this report was written, this officer has not received this result.

         The U.S. Probation Office respectfully recommends the Court issue a warrant requiring the defendant to appear to answer to the allegations contained in this petition.

         I declare under penalty of perjury that the foregoing is true and correct.

         Phil Casey Phil Casey U.S. Probation Officer

         THE COURT ORDERS

         [ ] No. Action

         [X] The Issuance of a Warrant

         [ ] The ...


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