United States District Court, D. Nevada
of Original Sentence: April 8, 2002
FOR MODIFICATION TO CONDITIONS OF SUPERVISION WITH CONSENT OF
OFFENDER Probation Form 49 (Waiver of Hearing) is Attached
June 21, 2017
Honorable Jennifer A. Dorsey Judge.
PETITIONING THE COURT
Honorable Dean D. Pregerson Judge.
modify the conditions of supervision as follows:
Reside in a Residential Re-entry Center - You shall
reside at and participate in the program of a residential
re-entry center for a period of up to 180 days as approved
and directed by the probation officer.
C.A.R.E Program - You shall reside at and
participate in the C.A.R.E. Program for a period of up to
seven months as approved and directed by the probation
officer. While participating in the program, if you test
positive for alcohol, and any
Court is aware, Ruiz was recently before the Court, and his
struggles with methamphetamine use and mental illness were
discussed. At that time, the probation officer was requesting
Ruiz be placed in a residential re-entry center, as it
appeared his behavior and his drug use were escalating. On
June 12, 2017, the Court ordered the matter to be continued
for 30 days to allow Ruiz time to establish himself in
17, 2017, Ruiz failed to report for a urinalysis, as
instructed. He was directed to report to the probation office
on June 19, 2017. During that visit, Ruiz provided a drug
test which tested presumptive positive for methamphetamine.
Ruiz adamantly denied using at first. However, after talking,
he admitted he was with friends who were visiting from Los
Angeles, and they were using the drug. He stated he believed
the positive test was from a “contact high, ” or
merely being present around the smoke of the drug. When he
was told that was not possible, Ruiz then reported a female
in the vehicle he was in pressed her mouth on his, and blew
the smoke into his mouth; an action which he referred to as
being “shot-gunned.” Despite this being
considered use of the drug, Ruiz attempted to justify his
use, making statements such as, “I didn't think it
would come up positive, ” which again, shows his
immaturity and lack of impulse control.
was presented with a waiver of hearing form, containing the
C.ARE. Program and RRC placement for a period of up to 180
days. It was explained to Ruiz that he has a right to have a
hearing and counsel prior to the addition to conditions to
his supervised release. Ruiz agreed to sign the waiver adding
the aforementioned conditions. Therefore, it is respectfully
recommended the Court modify Ruiz's conditions to include
the C.A.R.E. Program, and the requirement that he reside in
the RRC while participating in treatment. Ruiz is in need of
a structured environment at this time wherein he can just
focus on himself and getting the treatment he needs.
the Court have questions or concerns regarding this requested
modification, please contact the undersigned at (702)
Cascio United ...