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USA v. Zavala

United States District Court, E.D. Washington

May 15, 2018

USA
v.
Zavala

          Date of Original Sentence: December 16, 2013

          Asst. U.S. Attorney: AUSA

          Defense Attorney: Federal Defenders Office

          Honorable Stanley A. Bastian, U.S. District Judge

          PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION

          Honorable Wm. Fremming Nielsen, Senior U.S. District Judge.

         PETITIONING THE COURT

         To issue a summons.

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

Violation Number

Nature of Noncompliance

1

Special Condition #19: You shall abstain from the use of illegal controlled substances, and shall submit to testing (which may include urinalysis or sweat patch), as directed by the supervising officer, but no more than six tests per month, in order to confirm continued abstinence from these substances.

Supporting Evidence: Mr. Zavala tested positive for amphetamine, opiates, and oxycodone on April 6, 2018.

On May 16, 2016, supervised release conditions were reviewed and signed by Mr. Zavala acknowledging his understanding of special condition number 19, which prohibits him from using a controlled substance.

On April 6, 2018, Mr. Zavala submitted to a random drug screen. The test returned presumptive positive for methamphetamine and opiates. The specimen was sent to Alere Toxicology Services for confirmation. The test results returned positive for the presence of amphetamine, opiates, and oxycodone.

2

Special Condition #19: You shall abstain from the use of illegal controlled substances, and shall submit to testing (which may include urinalysis or sweat patch), as directed by the supervising officer, but no more than six tests per month, in order to confirm continued abstinence from these substances.

Supporting Evidence: Mr. Zavala has tested positive for amphetamine, methamphetamine, morphine, and ethyl glucuronide on April 12, 2018.

On May 16, 2016, supervised release conditions were reviewed and signed by Mr. Zavala acknowledging his understanding of special condition number 19, which prohibits him from using a controlled substance.

Mr. Zavala submitted to a drug screen at the time of his drug alcohol assessment at Merit on April 12, 2018. The specimen was sent to Cordant Health Solution for results. The test returned positive for the presence of amphetamine, methamphetamine, morphine, and ethyl glucuronide.

3

Special Condition #19: You shall abstain from the use of illegal controlled substances, and shall submit to testing (which may include urinalysis or sweat patch), as directed by the supervising officer, but no more than six tests per month, in order to confirm continued abstinence from these substances.

Supporting Evidence: Mr. Zavala used methamphetamine and heroin on May 3, 2018.

On May 16, 2016, supervised release conditions were reviewed and signed by Mr. Zavala acknowledging his understanding of special condition number 19, which prohibits him from using a controlled substance.

On May 7, 2018, Mr. Zavala attended his one-on-one counseling session at Merit. Based on his behavior, Mr. Zavala was confronted regarding his continued illegal drug use. Mr. Zavala admitted having used methamphetamine and heroin on May 3, 2018. Mr. Zavala provided a urine sample that has been sent the laboratory for drug screening.

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

         THE COURT ORDERS

         [ ] No Action

         [ ] The Issuance of a Warrant

         [X] The ...


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