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.

United States v. Woodfin

United States District Court, D. Nevada

September 6, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
DERRICK ANTHONY WOODFIN, Defendant.

          RENE L. VALLADARES Federal Public Defender Nevada State Bar No. 11479 BRIAN PUGH Assistant Federal Public Defender Attorney for Derrick Anthony Woodfin The defendant, Derrick Anthony Woodfin,

          AMENDED EMERGENCY MOTION FOR THE PRODUCTION OF CHRONOLOGIES

          GLORIA M. NAVARRO, CHIEF JUDGE

         The defendant, Derrick Anthony Woodfin, by and through his counsel, Brian Pugh, Assistant Federal Public Defender, files this Amended Emergency Motion for Production of Chronologies. This Motion is based upon the Due Process Clause of the Fifth Amendment, Brady v. Maryland, 373 U.S. 83 (1963), Federal Rules of Criminal Procedure 26.2 and 32.1(b)(2)(B), the following Points and Authorities, and all filings to date.

         These documents are necessary for Mr. Woodfin's revocation hearing, scheduled for September 7, 2017.

         Points and Authorities

         Statement of Facts

         On October 26, 2016, the United States Probation Office (“Probation”) filed a petition to revoke Mr. Woodfin's supervised release for six alleged violations (“Petition”). ECF No. 156.

         The Petition's first violation alleges that Mr. Woodfin tested positive for controlled substances on three occasions, August 11, 2016, September 1, 2016, and September 28, 2016. ECF No. 156 at pp. 2-3. Probation alleges that on August 11, 2016, Mr. “Woodfin denied willfully ingesting the illicit substance.” ECF No. 156 at p. 2. Probation alleges that on September 1, 2016, Mr. “Woodfin admitted to smoking the illicit substance.” Id. Probation also alleges that Mr. Woodfin failed to appear for drug testing on three dates. ECF No. 156 at p. 3. Probation also used the allegation that Mr. Woodfin failed to appear for three drug tests as partial basis for alleged violation number five for failure to follow instructions. ECF No. 156 at p. 4.

         The Petition's second violation alleges that Mr. Woodfin moved numerous times to various hotels without notifying probation of his room number within the required time frame and his current residence was unknown. ECF No. 156 at p. 3. Probation also used the allegation that Mr. Woodfin failed to provide his room number to probation as partial basis for alleged violation number five, failure to follow instructions and six, permit probation officer visit anytime. ECF No. 156 at pp. 4-5.

         The Petition's third violation alleges that Mr. Woodfin never participated in substance abuse treatment as required. ECF No. 156 at p. 3. Probation also used the allegation that Mr. Woodfin failed to participate in substance abuse treatment as partial basis for alleged violation number five for failure to follow instructions. ECF No. 156 at p. 4.

         The Petition's fourth violation alleges that Mr. Woodfin failed to attend mental health counseling as required. Id. Specifically, the Petition alleges that on three occasions, July 30, 2016, August 6, 2016, and August 8, 2016, Mr. Woodfin failed to attend treatment. Id. The Petition also alleges that on August 10, 2016, Mr. Woodfin arrived for his treatment two and a half hours early and then refused to stay for treatment due to a disagreement over whether the bus route would be available to take him home after his treatment. ECF No. 156 at p. 4. The Petition also alleges that on August 11, 2016, Mr. Woodfin was rude over the telephone to the treatment center's staff. Id. The Petition also alleges that in August 2016, Mr. Woodfin advised probation that he began receiving mental health services from Kaiser Permanente Hospital, but failed to provide probation proof to verify his participation in the treatment. Id. Probation also used the allegation that Mr. Woodfin's failure to provide proof of his participation in the Kaiser Permanente Hospital program as partial basis for alleged violation number five for failure to follow instructions. Id.

         Probation should have chronology entries that document the probation officer's conversation(s) with service providers, others in Probation, and Mr. Woodfin about Mr. Woodfin's alleged failures to appear for drug testing and treatment. Further, Probation should also have chronology entries about the alleged failure to provide room numbers, failure to appear for mental health treatment, and failure to provide documentation of his participation in the Kaiser Permanente Hospital mental health services. Furthermore, Probation should have chronology entries that document the probation officer's instruction to Mr. Woodfin about each of these allegations.

         Mr. Woodfin, therefore, respectfully requests this Court order Probation to provide defense counsel with any and all chronologies regarding Probation's communications with service providers, others ...


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.