UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
July 2, 2009
OFFENDER NAME: DANIEL RAY LAJOCIES
The opinion of the court was delivered by: John A. Mendez Signature of Judicial Officer
REPORT OF OFFENDER NON-COMPLIANCE
Offender Address: Modesto, California
Judicial Officer: Honorable John A. Mendez
United States District Judge Sacramento, California
Original Sentence Date: 07/15/2004
Original Offense: 18 USC 922(g)(1) - Felon in Possession of a Firearm
(CLASS C FELONY)
Original Sentence: 57 months custody of the Bureau of Prisons; 36 month term of supervised release; $100 special assessment.
Special Conditions: Submit to search; Drug/alcohol treatment and testing; Abstain from alcohol; Aftercare co-payment.
Type of Supervision: Supervised release
Supervision Commenced: 03/19/2007
Assistant U.S. Attorney: Matthew C. Stegman Telephone: (916) 554-2700
Defense Attorney: Philip A. Schnayerson Telephone: (510) 887-7445
Other Court Action: None
RE: Daniel Ray LAJOCIES
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.
1. NEW LAW VIOLATION
Details of alleged non-compliance: On September 21, 2008, Mr. Lajocies was arrested by the California Highway Patrol after an officer determined he was operating a motor vehicle while under the influence of alcohol. At the time of his arrest, Mr. Lajocies' blood alcohol level was determined to be .17, .22, and .21. The case was ultimately filed under Stanislaus County Superior Court Docket Number 1252230. On October 23, 2008, Mr. Lajocies pled guilty to a single-count of 23152(a) VC -Driving While Under the Influence of Alcohol and was immediately sentenced to a three-year term of informal probation, ordered to serve 10 days in jail, and pay $1,730 in fines.
United States Probation Officer Plan/Justification: Mr. Lajocies' three-year term of supervised release began on March 19, 2007. Although Mr. Lajocies' overall adjustment on supervised release cannot be described as exemplary, he continues to follow the directions of the probation officer and actively participate in The Turning Point Aftercare Drug and Alcohol Program.
As outlined in the presentence report, Mr. Lajocies also has four prior convictions for operating a motor vehicle while under the influence of alcohol, all occurring prior to 1987. Although his continued operation of a motor vehicle while under the influence of alcohol is considered serious, it is also noted, the most recent of the four prior alcohol-related convictions occurred more than 20 years ago.
Further, immediately following the above-noted incident, Mr. Lajocies contacted the undersigned and took full responsibility for his unlawful conduct. Moreover, he has accepted responsibility before the superior court, and as of March 6, 2009, has successfully completed the Safety Center, Inc. (Level I) Drug and Alcohol Program.
Following the above-noted incident, Mr. Lajocies was directed to begin participating in The Turning Point Aftercare Program on October 16, 2008, where he continues to regularly participate in both outpatient counseling and random urinalysis testing.
It is respectfully recommended the Court take judicial notice of the above-noted violation conduct with no further action being taken by the Court. Mr. Lajocies has been notified should he continue to violate the conditions of his supervision, revocation proceedings will be initiated.
Phil R. Hendley, Jr. United States Probation Officer
Telephone: (209) 574-9429
DATED: June 30, 2009
Modesto, California PRH/lr
REVIEWED BY: /s/ Deborah A. Spencer
Deborah A. Spencer Supervising United States Probation Officer
THE COURT ORDERS:
( X ) The Court Approves Probation Officer's Plan, and Orders No Further Action Be Taken At This Time.
( ) Submit a Request for Modifying the Conditions or Term of Supervision.
( ) Submit a Request for Warrant or Summons.
( ) Other:
United States Probation
Matthew C. Stegman, Assistant United States Attorney Philip A. Schnayerson, Defense Counsel (retained) 225 West Winton, Suite 208 Hayward, California 94544
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