UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
September 10, 2009
OFFENDER NAME: DANIEL R. RIVERA
The opinion of the court was delivered by: Gregory G. Hollows Signature of Judicial Officer
PETITION TO MODIFY THE CONDITIONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER
(Probation Form 49, Waiver of Hearing, is on file)
Offender Address: Placerville, California
Judicial Officer: Honorable Gregory G. Hollows
United States Magistrate Judge Sacramento, California
Original Sentence Date: 06/15/2009
Original Offense: 21 USC 841(a) - Possession of a Controlled Substance
(CLASS A MISDEMEANOR)
Original Sentence: 18 months Probation; $1,000 fine; $25 special assessment
Special Conditions: Outpatient correctional treatment program; Drug testing and co-payment up to $25 per month.
Type of Supervision: Probation
Supervision Commenced: 06/15/2009
Assistant U.S. Attorney: Isabell Liou Telephone: (916) 554-2700
Certified Law Clerk
Defense Attorney: Michael Petrik, Jr. Telephone: (916) 498-5700
Assistant Federal Defender
Other Court Action: None
To modify the conditions of supervision as follows:
4. As directed by the probation officer, the defendant shall participate in a correctional treatment program (inpatient or outpatient) to obtain assistance for drug or alcohol abuse.
5. The defendant shall abstain from the use of alcoholic beverages and shall not frequent those places where alcohol is the chief item of sale.
Justification: Since the inception of supervision on June 15, 2009, Rivera has been cooperative and compliant towards all supervision obligations. He was placed in a formal drug testing program, and has submitted no positive drug tests. He submits his monthly supervision report forms in a timely fashion, and has been working two jobs in order to support himself. He has also been working towards obtaining his GED.
However, on September 3, 2009, the probationer's father contacted the undersigned officer and advised Rivera has a serious drug addiction and is in need of a detoxification and rehabilitation program. He advised that his son has unsuccessfully attempted to detox on his own many other times. He passed the drug tests at the Progress House because he was attempting to control his addiction. An appointment was scheduled for the probationer to meet with the probation officer the following day.
On September 4, 2009, Rivera reported to the probation office and signed the Prob 49 - Waiver of Hearing form. He revealed that for many years he had been addicted to Oxycontin and he abused alcohol. Rivera's father, who accompanied the probationer at this meeting, reported the probationer was stealing from the family to support his habit. Numerous options were discussed and suggested by the probation officer, but a modification to his original terms is warranted. Rivera and his father agreed.
Therefore, based on his cooperative and honest attitude, it is apparent the probationer could benefit from continued supervision services. However, the original Court order only included outpatient treatment, and did not include more structured treatment. Based on the probationer's admissions, and the pleading of his family, it is apparent that he would benefit from a detoxification program, in conjunction with a 90-day residential treatment placement, as well as alcohol abstinence.
THE COURT ORDERS:
( X) Modification approved as recommended.
( ) Modification not approved at this time. Probation Officer to contact Court.
( ) Other:
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