Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Ruiz

United States District Court, D. Nevada

June 22, 2017

Eric Carlos Ruiz

          Date of Original Sentence: April 8, 2002

         REQUEST 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.

         [X] To modify the conditions of supervision as follows:

         1. 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.

         2. 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

         CAUSE

         As the 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 treatment.

         On June 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.

         Ruiz 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.

         Should the Court have questions or concerns regarding this requested modification, please contact the undersigned at (702) 527-7272.

         Sunny Cascio United ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.