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In re Olivarez


December 24, 2008


The opinion of the court was delivered by: Anthony W. Ishii Chief United States District Judge


(Probation Form 49, Waiver of Hearing, is on file)

Offender Address: Fresno, California

Judicial Officer: Honorable Anthony W. Ishii Chief United States District Judge

Fresno, California

Original Sentence Date: 02/06/2006

Original Offense: Count 1: 18 USC 1343, Wire Fraud (CLASS C FELONY)

Count 8: 18 USC 1028(a)(7) & 2, Identity Theft and Aiding and Abetting (CLASS C FELONY)

Count 21:18 USC 1708 & 2, Possession of Stolen Mail and Aiding and Abetting (CLASS D FELONY)

Count 22: 18 USC1030(a)(4), Fraud and Related Activity in Relation to Computers (CLASS D FELONY) Count 23: 18 USC 1029(a)(3) & 2, Possession of 15 or more Unauthorized Access Devices and Aiding and Abetting (CLASS D FELONY)

Original Sentence: 21 months custody Bureau of Prison; 36 months supervised release; $500 special assessment; Mandatory drug testing

Special Conditions: 1) Search; 2) No dissipation of assets; 3) Provide access to financial information upon request; 4) Not to incur new credit charges; 5) Drug/alcohol counseling; 6) Drug/alcohol testing; 7) Aftercare co-payment; 8) No possession or use of a computer; 9) Shall consent to unannounced inspection of computer; 10) Third party disclosure; 11) DNA collection

Type of Supervision: Supervised Release

Supervision Commenced: 08/24/2007

Assistant U.S. Attorney: Mark E. Cullers Telephone: (559 497-4000

Defense Attorney: Marc Ament Telephone: (559) 487-5561


To modify the conditions of supervision as follows:

The defendant shall complete 50 hours of unpaid community service as directed by the probation officer. The defendant shall pay attendant fees for participation and placement in this program on a sliding scale as determined by the program. Community service shall be completed by March 31, 2009.

Justification: On November 24, 2008, the supervisee was subject of a traffic stop by the Fresno Police Department for two minor traffic violations, to wit: Cracked Rear Tail Light and Obstruction of License Plate. During contact, officers found and seized drug paraphernalia in the form of a methamphetamine pipe and some wadded up wax type paper with light residue that appeared to be methamphetamine. This contraband was found in the supervisee's right front pant pocket. He was subsequently arrested for possession of drug paraphernalia and transported to the Fresno County Jail where he was detained until he was released on November 26, 2008.

On December 1, 2008, the undersigned officer met with the supervisee at his place of employment to discuss the above-referenced arrest. He reported that the drug paraphernalia belonged to a friend he had just given a "ride" home. According to the supervisee, his friend must have dropped the "pipe" when he exited the vehicle. En route home, the supervisee saw the "pipe" on the front passenger seat and did not place it in his pocket until he was "pulled-over" by the "cops." The supervisee indicated that he panicked and then placed the "pipe" in his pocket.

He contends the information in the crime report and says that he never made the following statement,

"I have a drug problem," as written in the report. The supervisee asked the arresting officers to test him for drugs, but they refused. He maintains being drug free and has not used any narcotics since being on supervision. (The supervisee previously completed all phase testing and was most recently tested on December 3, 15, and 22, 2008. All tests were negative.)

The supervisee has been in compliance with conditions of supervision and reporting requirements.

He has maintained employment since October 3, 2007 and has recently been promoted to supervisor.

The undersigned officer contacted the Fresno County District Attorney's office who reported that the case involving California Health and Safety Code Section 11364, Possession of Drug Paraphernalia was "turned down" on November 26, 2008. The supervisee understands that possession of drug paraphernalia, whether his or not, is still a violation of the general condition, to wit: "The defendant shall not commit another local, state, or federal crime."

As such, the undersigned officer referred the supervisee for random drug testing at Turning Point Aftercare where he will begin testing four times a month. He agrees to perform 50 hours of community service and signed the attached Waiver of Hearing to Modify Conditions of Supervised Release. The undersigned officer debated adding a considerable amount of community service hours, but took into consideration the four days he spent in custody in the above-referenced arrest.

The undersigned officer believes the recommended controlling interventions are appropriate given the circumstances. Further, the supervisee understands that any future violation will result in his case being returned back before the Court.

Respectfully submitted,

Jose T. Pulido United States Probation Officer

Telephone: (559) 499-5725

DATED: December 23, 2008

Fresno, California jtp

Marlene K. DeOrian for HUBERT J. ALVAREZ Supervising United States Probation Officer


( X ) Modification approved as recommended.

( ) Modification not approved at this time. Probation Officer to contact Court.

( ) Other:



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