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United States v. Peterson

United States District Court, S.D. Florida

June 24, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
DONALD PETERSON, Defendant.

          REPORT AND RECOMMENDATION ON VIOLATION OF SUPERVISED RELEASE

          BRUCE E. REINHART UNITED STATES MAGISTRATE JUDGE

         For the reasons stated herein, the undersigned recommends that the District Court find that the Defendant has violated the terms of his supervised release. On February 13, 2019, the U.S. Probation Office filed a Petition alleging four violations of the Defendant's terms of supervision (DE 70):

1. On or about February 10, 2019, failing to refrain from violation of the law by committing the offense of possession of heroin, in violation of Florida law;
2. On or about February 10, 2019, failing to refrain from violation of the law by committing the offense of possession of cocaine, in violation of Florida law;
3. On or about February 10, 2019, failing to refrain from violation of the law by committing the offense of possession of drug paraphernalia, in violation of Florida law; 4. On or about February 10, 2019, associating with a person engaged in criminal activity, namely Crista Majors.

         On March 14, 2019, the U.S. Probation Office filed a Superseding Petition (DE 76), which added a fifth alleged violation:

5. On or about March 5, 2019, unlawfully possessing a controlled substance, that is, cocaine, based on a confirmed positive urine specimen. On May 9, 2019, the U.S. Probation Office filed a Second Superseding Petition (DE 81) which added a sixth alleged violation:
6. On or about April 25, 2019, unlawfully possessing a controlled substance, that is, cocaine, based on a confirmed positive urine specimen.

         Mr. Peterson appeared before the Court on June 24, 2019, accompanied by his counsel. The Government indicated that a Third Superseding Petition had been submitted to the presiding District Judge, but that no action had yet been taken on that petition because the Judge was out of the district. The proposed Third Superseding Petition would add four more alleged violations:

7. On or about June 6, 2019, unlawfully possessing a controlled substance, that is, cocaine, based on a confirmed positive urine specimen.
8. On or about June 10, 2019, unlawfully possessing a controlled substance, that is, cocaine, based on a confirmed positive urine specimen.
9. On or about June 13, 2019, unlawfully possessing a controlled substance, that is, a positive urine sample for cocaine, with confirmation testing pending.
10. On or about June 13, 2019, failing to notify the U.S. Probation Office of a change in residence.

         Mr. Peterson and the Government proposed a resolution under which (1) the Government would dismiss Violations 1-3 and Mr. Peterson would admit Violations 4-10, (2) the parties would jointly recommend a sentence of one ...


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