United States v. Davis

          REPORT AND RECOMMENDATION

          Tim A. Baker United States Magistrate Judge.

         On June 17, 2019, the Court held a hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on June 4, 2019 and a supplemental petition filed on June 14, 2019. Defendant Davis appeared in person with his appointed counsel, Gwendolyn Beitz. The government appeared by Peter Blackett, Assistant United States Attorney. U.S. Parole and Probation appeared by Officer Angela Smith.

         The Court conducted the following procedures in accordance with Fed. R. Crim. P. 32.1(a)(1) and 18 U.S.C. § 3583:

         1. The Court advised Defendant Davis of his rights and provided him with a copy of the petition. Defendant Davis orally waived his right to a preliminary hearing.

         2. After being placed under oath, Defendant Davis admitted violation numbers 1, 2, 3, and 4. [Docket Nos. 116 and 122.]

         3. The allegations to which Defendant admitted, as fully set forth in the petition, are:

         Violation

         Number Nature of Noncompliance

         1 “You shall not use or possess any controlled substances prohibited by applicable state or federal law.” On April 25, 2019, Mr. Davis submitted a urine specimen that yielded positive for cannabinoids. When confronted about the positive test on April 30, 2019, he admitted using marijuana by going out to the club with his brother and friends.

         2 “You shall maintain lawful full time employment.”

         Mr. Davis was released from the Bureau of Prisons and began supervision on April 16, 2019. At his intake appointment he was unemployed. He has remained unemployed and failed to follow through with the probation officer's referral to PACE/OAR, an employment service. Mr. Davis seems to be making little to no effort in securing employment.

         3 “You shall participate in a substance abuse treatment program approved by the probation officer.”

         Following the positive drug screen submitted on April 25, 2019, the offender was referred to Addiction Counseling and Educational Services through Recovery Works for an assessment and treatment services due to the location being nearby his residence. He was given the referral on April 30, 2019. On May 20, 2019, this officer received information from the treatment agency indicating Mr. Davis left them a message but they tried calling him back on several occasions and could not reach him. The probation officer then instructed him to call the agency after which he was set for and assessment on May 22, 2019. On May 24, 2019, this officer was notified by the treatment agency that the offender called them an hour before his appointment and indicated he overslept, at which time he was told his appointment was within the next hour so he could still make it. He stated he needed to go to the doctor; therefore, his appointment was reset to May 28, 2019. On May 28, 2019, this officer received notification from the treatment center indicating the offender again did not show up for his assessment.

         4 “You shall not use or possess any controlled substances prohibited by applicable ...