Free Probation form 12 - District Court of California - California

...-..-. .... .. ....... . ...... . .... . _______ _ __ _ _ 2
‘ Case 5:07—cr—00327-RIVIW Document 3 Filed 07/19/2007 Page 1 of 4 ig;
for
NORTHERN DISTRICT OF CALlF()RNiA JUL I 9 ZUGY
San Jose Venue ?_
RICHARD W, WIEKINCE -
monruenn ousrnicr or cattsoaren ·.‘_
Petition for Summons for Offender Under Supervision CQ?.
I':
Name of Offender: Nnenna S Price Docket No.: CR 07——00327~0l Rl\/IW
Name of Sentencing Judge: Marilyn McCarthy Manning
United States District Judge ‘'‘_ gg
Date of Original Sentence: January 8, 2001
Original Offense: _:
Count One: Bank Fraud, 18 USC. § 1344, a Class B felony __ ‘-
Jurisdiction was transferred from the District ofldaho on May 21, 2007 to the Northern District of ii
California. it; .-'t
Original Sentence: T6 months BOP, 5 years TSR
Special Conditions: Community service 100 hours; drug/alcohol treatment; access to financial -_;_ f,
information; no new lines of credit or debt; search
Type of Supervision: Supervised Release Date Supervision Commenced: August 6, 2002
Assistant U.S. Attorney: Wendy J. Olson Defense Counsel: S. Richard Rubin (Appointed)
Petitioning the Court
The issuance of a summons for the offender to appear in court before the duty Magistrate Judge, ‘`‘'
Richard Seeborg, for identification of counsel and setting of further proceedings on July 26, 2007
at saoam {Q;
l, Jose E. l\/Eartinez, a Probation Officer employed in the United States District Court for the n` i
Northern District of California, solemnly affirm and declare, under penalty ofperj ury, that to the best Q,
of my infomation and belief, the facts set forth in this affidavit are true and correct. The factual {
aftirmations made below are based on my personal knowledge, on official records or documents
generated and maintained by my agency in the course of performing its functions, on ofti cial records F
or documents generated and maintained by other government agents or agencies in the course of
performing their functions, or on information provided to me orally or electronically by employees . ’
or agents of other public agencies (information developed or acquired in the course of performing
official agency functions). .
_ NDC~stn*v-FORM l2C(1} 03123/05 I

_ __ _______
· Case 5:07-cr-00327-RIVIW Document 3 Filed 07/19/2007 Page 2 of 4
Nnenna S Price Page 2
CR 07-00327-0l Rl\/IW ·
Charge Number Violation l
One There is probable cause to believe that the offender violated standard _
condition which required the offender to report to the probation office in the =
- district to which the defendant is released withing 72 hours of release from I
the custody ofthe Bureau of Prisons. `
The offender was sentenced in the Bistiict of Idaho. He completed Y
his federal sentence on March 6, 2002, at which time he remained in
state custody in Arizona until August 6, 2002. In February 2003, the
offender was arrested on a warrant out of Santa Clara County. Q_
Since the offenders release in August 2002, he has failed to report to .
the U.S. Probation Office, nor has he availed himself to supervision. ‘-
Evidence of this violation can be found in a letter dated April 4, 2007, -_
from the District of Idaho.
Two There is probabie cause to believe that the offender violated standard if
condition number which states that he shall refrain from the use of controlled
substance. Y
On Aprii 18, 2007, a home visit was conducted by myself and .''.·
Supervisory U.S. Probation Officer Portillo. Upon contacting the
offender, there was a smell of marijuana emitting from the apartment.
We asked the offender to step outside and we also detected a 1 ,
marijuana odor emitting from the offender. The offender was ii
directed to report to the officer the following day. ‘"_· Q
On April 19, 2007, the offender submitted a urine sample which iater
tested positive for the use of marijuana and cocaine. _‘`_
On April 27, 2007, the offender submitted a urine sample which later
tested positive for the use of marijuana, amphetamine, __-` ?
methaniphetaniine, and cocaine. ._
On May 2i, 2007, the offender failed to show for drug testing. if
Evidence of these violations can be found in the U.S. Probation
Office files, the Scientific Testing Laboratories, Inc., specimen .
numbers A00l97l82 and A00l97l 85, and the files with Pathways
Society, inc. of Santa Clara, California.
. NDC-SUPV-FORM 12C(1) 03/23/05

-- ..... .. .. .. ...,_ . .
· Case 5:07—cr—00327-RIVIW Document 3 Filed 07/19/2007 Page 3 of 4
Nnenna S Price Page 3
CR 07-00327-01 RMW ,
Three There is prob able cause to believe that the offender violated special condition i
number one which states that he shall participate in a program of
drug/alcohol aftercare, in addition to the urine testing as directed by the -;_
probation officer. fj
On April 27, 2007, the offender was instructed to contact and enroll
_ in a residential drug treatment program by April 30, 2007. He was i__
also referred for urine testing and outpatient drug treatment. On April jc
30, 2007, the offender reported to this officer that he would not i'
participate in a residential program would leave his live-in pregnant ]`
girlfriend homeless. 2 ,
On May 9, 2007, the offender was again instructed to contact and
enroll in a residential drug treatment program by May 14, 2007. He
failed to follow my instructions.
On May 24, 2007, the offender was again instructed to contact and
enroll in a residential drug treatment program. To date, he has failed ‘ ._
to follow my instructions. ‘___`_
Evidence of this violation can be tbund in records maintained with
the U.S. Probation Office in San Jose, California.
. Four There is probable canse to believe that the offender violated his special
condition which required him to pay $6,419.60 in restitution.
According to a letter from the District of Idaho dated April 4, 2007, i -.·`
the offender has not made any payments toward restitution.
Five There is probable cause to believe that the offender violated his special · -.-’
condition which required him to complete 100 hours of community service
in lieu of a fine.
The offender has failed to provide verification of completing his l ___·` i
community service work. There is no evidence to indicate that the _.-Q
offender has completed any community service work. ‘'_.-
Address of offender: 55 Newell Road, # ll3
East Palo Alto, CA 94303 I __
Based on the foregoing, there is probable cause to believe that Nnenna S. Price violated the
conditions of his supervision.
N‘DC·si.3i>v-FORM i2C(i) 03/23/05 in-

_ Case 5:07—cr—00327-RIVIW Document 3 Filed 07/19/2007 Page 4 of 4 ._..
, Nnenna S Price Page 4
CR 07-003.2.7-Ol RMW
Respectfully submitted, :.'
W ee.ee,,__~a w_)W_V_M`\%~
Jose E; Martineg, ‘`..
““r~U~:S.sB.robat “4`’ ` {ist ``·`
Date Signed: July 18, 2007 ¥_.
Approved as to form:
V, U up lnnn U .--·‘ J
Susa iiio
Supervisory U.S. Probation Officer -_._
Having considered the information set forth above, the coutt finds there is probable cause to believe ·
there has been a violation ofthe conditions of supervision and orders: . _
M The issuance of a summons for the offender to appear in court before the duty Magistrate Judge, 1;
R Richard Seeborg, for identiheation ofcounsei and setting of revocation proceedings on July 26,
2007 at 9:30am I
B Other: .
i a, J} /
ifi? I I fe" x"\L`°~._ jg j
fi U?
Date 2 n Ko iv
i United States Di trict Judge
NDC-SU.PV—FORM 12C(l) 03/23/G5

Case 5:07-cr-00327-RMW

Document 3

Filed 07/19/2007

Page 1 of 4

Case 5:07-cr-00327-RMW

Document 3

Filed 07/19/2007

Page 2 of 4

Case 5:07-cr-00327-RMW

Document 3

Filed 07/19/2007

Page 3 of 4

Case 5:07-cr-00327-RMW

Document 3

Filed 07/19/2007

Page 4 of 4