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In re Shephard

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 16, 2010

RE: BARBARA SHEPHARD

The opinion of the court was delivered by: Honorable Garland E. Burrell, Jr. United States District Judge Sacramento, California

MEMORANDUM

Your Honor:

REQUEST TO ADVANCE SENTENCING HEARING ON COURT'S CALENDAR

Ms. Shephard is scheduled to be sentenced on April 30, 2010, subsequent to violation proceedings. There have been several court date changes in this case, the most recent continuance was to see how Ms. Shephard could progress in an intensive outpatient treatment program.

It is now being recommended that this matter be advanced on the court's calendar to Friday, March 19, 2010, at 9:00 a.m. because the offender provided a "stall" on February 23, 2010, followed by a methamphetamine positive on February 25, 2010. On February 23, 2010, the offender indicated that she "stalled" because her pant leg got caught on the urine testing collection device and tipped it, pouring out the urine. The onsite tester indicates there was no issue with Ms. Shephard's pantleg and she failed to provide the urine sample as directed. Later on February 25, 2010, the offender provided a urine sample positive for amphetamine/methamphetamine. The positive drug test would seem to explain the "stall" two days earlier. During a home contact on March 9, 2010, she admitted to having used methamphetamine again on March 8, 2010.

The original recommendation tendered in this case is not being changed. Ms. Shephard has been working an intensive outpatient treatment, has recently been more communicative with the probation officer and seemed to be making positive changes in her life. Apparently, Ms. Shephard's honesty was superficial and manipulative. She continues to use drugs, and then tries to avoid being detected by blaming the drug tester or using a device to avoid submitting her own urine. She just cannot be honest and admit she has relapsed or seek help.

It is respectfully recommended that this matter be advanced on the court's calendar from April 30, 2010 to March 19, 2010 at 9:00 a.m. All parties have been contacted and agree to advancing the hearing date.

THE COURT ORDERS:

(X ) Matter to be advanced on the court's calendar from April 30, 2010 to March 19, 2010 at 9:00 a.m.

( ) Court date to remain as scheduled.

( ) Other:

GARLAND E. BURRELL, JR. United States District Judge

20100316

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