Donald W. Molloy
Petition for Warrant or Summons for Offender Under Supervision
Address of Offender: Name of Sentencing Judicial Officer: The Honorable Donald W. Molloy, Chief U.S. District Judge Date of Original Sentence: 9/7/2001 Original Offense: Conspiracy to Distribute a Controlled Substance, 21 U.S.C. § 841(a), 846, and 841(b)(1)(C) Original Sentence: Prison - 108 Months;
TSR - 36 Months
Type of Supervision: Supervised Release Asst. U.S. Attorney: Benjamin David Seal Defense Attorney: Ricardo Hernandez Date Supervision Commenced: 4/7/2010 Date Supervision Expires: 12/13/2013
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 8/30/2011 and 4/24/2012. The probation officer believes that the offender has violated the following condition(s) of supervision:
+-----------------------------------------------------------------------------+ ¦Violation Number ¦Nature of Noncompliance ¦ +------------------+----------------------------------------------------------¦ ¦ ¦Special Condition #1: The defendant will enter and ¦ ¦ ¦successfully complete a program of testing and treatment ¦ ¦ ¦for drug/alcohol abuse, as directed by the probation ¦ ¦ ¦officer until such time as the defendant is released from ¦ ¦7 ¦the program by the probation officer. The defendant is to ¦ ¦ ¦pay part or all of the cost, as deemed appropriate by the ¦ ¦ ¦probation officer. ¦ ¦ ¦ ¦ ¦ ¦Supporting Evidence: Mr. Benoit failed to provide a ¦ ¦ ¦urine sample on December 26, 2012. ¦ +------------------+----------------------------------------------------------¦ ¦ ¦Standard Condition #7: The defendant shall refrain from ¦ ¦ ¦excessive use of alcohol and shall not purchase, possess, ¦ ¦ ¦use, distribute, or administer any controlled substance or¦ ¦ ¦an paraphernalia related to any controlled substances, ¦ ¦ ¦except as prescribed by a physician. ¦ ¦ ¦ ¦ ¦8 ¦Supporting Evidence: Mr. Benoit provided a urine sample ¦ ¦ ¦to his Washington State Department of Corrections (DOC) ¦ ¦ ¦officer on January 3, 2013, that was positive for ¦ ¦ ¦amphetamines. Mr. Benoit was taken into custody at that ¦ ¦ ¦time. This officer met with Mr. Benoit at the Yakima ¦ ¦ ¦County Jail on January 4, 2013, in an attempt to obtain a ¦ ¦ ¦urine sample ¦ +-----------------------------------------------------------------------------+ +-----------------------------------------------------------------------------+ ¦¦from Mr. Benoit. He stated he just went to the bathroom but would try. Mr. ¦ ¦¦Benoit was given some water and while waiting for him to produce the urine, ¦ ¦¦he disclosed to this officer that he used methamphetamine on December 24, ¦ ¦¦and again on December 31, 2012. He signed an admission statement admitting ¦ ¦¦to the use of the illegal drug. ¦ +-----------------------------------------------------------------------------+
I declare under penalty of perjury that the foregoing is true and correct.
Executed on: 01/31/2013
________________________
Stephen Krous
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.
[ ] Other
Fred Van Sickle
Signature of Judicial Officer
Offender Characteristics: Mr. Benoit has been able to verbalize a desire to change his behaviors, however, has demonstrated the contrary. Mr. Benoit has the capability but appeared unwilling to give up old activities, leading to his current situation. He has currently availed himself to in-patient drug treatment and is due to be discharged on February 14, 2013. This higher level of treatment will hopefully have a greater impact on Mr. Benoit and allow him to begin to develop a better understanding of his decision making and substance abuse activities. Statutory and Guideline Provisions: When a term of supervised release is revoked and the defendant is required to serve a term of imprisonment that is less than the maximum term of imprisonment authorized under subsection (e)(3), the Court may include a requirement that the defendant be placed on a term of supervised release after imprisonment. The length of such term of supervised release shall not exceed the term of supervised release authorized by statute for the offense that resulted in the original term of supervised release, less any term of imprisonment that was imposed upon revocation of supervised release. Title 18 U.S.C. § 3583(h). If revoked, the following options are available for sentencing:
+-----------------------------------------------------------------------------+ ¦Original Criminal History Category: ¦VI ¦ +-------------------------------------------------+---------------------------¦ ¦Grade of Violation: ¦C ¦ +-------------------------------------------------+---------------------------¦ ¦Class of Offense: ¦Class A Felony ¦ +-------------------------------------------------+---------------------------¦ ¦ ¦Statutory ¦Guideline ¦ ¦ ¦ ¦ ¦ ¦ ¦ Provisions ¦ Provisions ¦ +---------------------+---------------------------+---------------------------¦ ¦CUSTODY: ¦60 months ¦8-14 months ¦ +---------------------+---------------------------+---------------------------¦ ¦SUPERVISED RELEASE: ¦60 months minus custody ¦60 months minus custody ¦ ¦ ¦imposed ¦imposed ¦ +-----------------------------------------------------------------------------+ It is respectfully recommended that the Court incorporate the violation(s) contained in this petition in all future proceedings, with the violation(s) previously reported to the Court.
Respectfully submitted,
Scott M. Morse, Sr.
Chief U. S. Probation Officer
By: ______________________
Stephen Krous
U. S. Probation Officer
APPROVED BY: ________________________
Rebecca M. Nichols
Supervising U.S. Probation Officer
SK:lh c: Ricardo Hernandez, Defense counsel
Benjamin David Seal, AUSA