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In re Maguire

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


February 10, 2009

IN RE JOHN PAUL MAGUIRE, JR.

REPORT OF OFFENDER NON-COMPLIANCE

Offender Name: John Paul MAGUIRE, Jr.

Offender Address: Tracy, California

Judicial Officer: Honorable Kimberly J. Mueller United States Magistrate Judge Sacramento, California Original Sentence Date: 03/06/2008 Original Offense: 21 USC 844(a) - Possession of a Controlled Substance

(CLASS A MISDEMEANOR)

Original Sentence: 12 months probation pursuant to 18 USC 3607.

Special Conditions: Search; Drug/alcohol treatment and testing; Aftercare co-payment.

Type of Supervision: Probation Supervision Commenced: 03/06/2008 Assistant U.S. Attorney: Joseph Cook Telephone: (916) 554-2700

Certified Law Student

Defense Attorney: Meagan E. Melanson Telephone: (916) 498-5700

Certified Law Student Other Court Action: None

NON-COMPLIANCE SUMMARY

The purpose of this report is to advise the Court of an alleged violation of the terms of supervision. The Probation Officer has developed a plan to dispose of the alleged non-compliance with action less than revocation, and the Court is requested to approve the plan to address the non-compliance.

ILLICIT DRUG USE ON MARCH 7, 2008

Details of alleged non-compliance: On March 10, 2008, Mr. Maguire admitted to the probation officer that he had "partied over the weekend" having nasally ingested "a line" of methamphetamine on March 7, 2008. A subsequent urinalysis test collected from Mr. Maguire on March 10, 2008, tested positive for the use of methamphetamine.

United States Probation Officer Plan/Justification: In addition to the above, on the date of the deferred entry of judgment, Mr. Maguire also provided a urine sample at the United States Probation Office which ultimately testing positive for marijuana use. Since Mr. Maguire's unlawful use of a controlled substance occurred prior to the imposition of the 12-month period of prejudgment probation, this conduct cannot be considered violation conduct and is only being noted in an effort to outline Mr. Maguire's then continued use of marijuana.

Thereafter, on March 24, 2008, Mr. Maguire was directed to participate in the 'New Directions' outpatient drug and alcohol treatment program; specifically, Phase I testing (random urinalysis testing four times a month) and bimonthly drug and alcohol counseling. As a result of his consistent and overall positive adjustment in treatment, Mr. Maguire's required participation in random urinalysis testing was reduced to Phase II (random urinalysis testing two times a month) on November 1, 2008.

Mr. Maguire has continued to routinely attend all required testing and treatment sessions since his initial placement into the 'New Directions' program. He has also continued to maintain part-time employment as a 'chemical technician' cleaning pools since the inception of his period of supervision. Overall, Mr. Maguire's adjustment on probation has been positive. Mr. Maguire's required participation in drug and alcohol treatment will continue until the completion of his 12-month term of probation, presently scheduled for March 5, 2009, or until further order of the Court.

It is respectfully requested the Court take judicial notice of the above-noted violation conduct with no further action being taken by the Court.

Respectfully submitted,

Phil R. Hendley, Jr. United States Probation Officer

Telephone: (209) 574-9429

Modesto, California

Deborah A. Spencer Supervising United States Probation Officer

THE COURT ORDERS:

The Court Approves Probation Officer's Plan, and Orders No Further Action Be Taken At This

Time.

Submit a Request for Warrant or Summons.

Other:

United States Probation Joseph Cook, Assistant United States Attorney - Certified Law Student Meagan E. Melanson, Assistant Federal Defender - Certified Law Student

20090210

© 1992-2009 VersusLaw Inc.



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