UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
April 18, 2011
OFFENDER NAME: EDDIE BOJORQUEZ
The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge
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: Visalia, California
Judicial Officer: Honorable Lawrence J. O'Neill United States District Judge Fresno, California
Original Sentence Date: 12/11/2009
Original Offense: 18 USC 2250(a), Failure to Register as a Sex Offender
(CLASS C FELONY)
Original Sentence: 13 months BOP; 10 years TSR; $100 SA
Special Conditions: 1) Search and seizure; 2) Correctional treatment; 3) Testing; 4) No alcohol; 5) Co-payment plan; 6) Search of computer and electronic devices; 7) No contact with children under the age of 18 years without the approval of probation officer; 8) As directed, attend sex offender treatment; 9) Residential restrictions.
Type of Supervision: Supervised Release
Supervision Commenced: 06/03/2010
Assistant U.S. Attorney: David L. Gappa Telephone: (559) 497-4000
Defense Attorney: Peggy Sasso Telephone: (559) 487-5561
Other Court Action:
03/22/2011: Probation Form 12A, Report of Non-Compliance. This was based on marijuana use on or about January 7, 2011. Offender was experiencing depression relating to family issues.
PETITIONING THE COURT
To modify the conditions of supervision as follows:
As directed by the probation officer, the defendant shall participate in a program of mental health treatment (inpatient or out patient).
Justification: As reported to Your Honor via a filed Probation Form 12A, Report of Non- Compliance, the defendant had recently used marijuana in January 2011, to deal with depression and self-worth issues. Currently, the defendant reported he is experiencing marital issues and desires to participate in mental health counseling to help resolve his family problems/issues. This officer clearly sees the benefit of our treatment option, and was impressed with the defendant's honesty to address these real life issues in a productive, positive manner.
Therefore, it is respectfully recommended the Court approve this modification plan, which will amend mental health treatment to his conditions of release. The defendant voluntarily signed the Waiver of Hearing Form, agreeing to the above-noted modification. Should Your Honor have any questions or need additional information, please do not hesitate to contact this officer.
/s/ Ben J. Blankenship
BEN J. BLANKENSHIP
Senior United States Probation Officer
Telephone: (559) 734-0317
DATED: April 18, 2011
REVIEWED BY: /s/ Thomas A. Burgess
THOMAS A. BURGESS Supervising United States Probation Officer
cc: United States Probation
D. Gappa, Assistant United States Attorney
P. Sasso, Assistant Federal Defender Defendant Court File
THE COURT ORDERS:
( X ) Modification approved as recommended.
IT IS SO ORDERED.
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