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USA v. Castro-Marquez

United States District Court, D. Nevada

September 5, 2019

USA
v.
Armando Castro-Marquez

          PETITION FOR WARRANT FOR OFFENDER UNDER SUPERVISION

         PETITIONING THE COURT

         [X] To issue a warrant.

         The probation officer believes the offender has violated the following condition(s) of supervision:

1. Refrain From Unlawful Use of Controlled Substance - The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter, as determined by the court, not to exceed 104 tests annually. Revocation is mandatory for refusal to comply.
On September 3, 2019, Castro-Marquez submitted a urine specimen which tested presumptive positive for methamphetamine and marijuana. Castro-Marquez admitted he ingested a pill later identified to him as an illegal substance on or about August 31, 2019.
2. C.A.R.E. Program - You shall 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, or any controlled substance, and/or any form of synthetic marijuana or synthetic stimulants, you will be taken into custody for a minimum period of seven days.
On September 3, 2019, Castro-Marquez provided a urine specimen that tested presumptive positive for methamphetamine and marijuana. Castro-Marquez admitted he ingested a pill later identified to him as an illegal substance on or about August 31, 2019.
3. Home Confinement with Location Monitoring - You will be monitored by the form of location monitoring technology indicated below for a period of 90 days, and you must follow the rules and regulations of the location monitoring program.
[X] Location monitoring technology at the discretion of the probation officer.
This form of location monitoring technology will be used to monitor the following restriction on your movement in the community (choose one):
[X] You are restricted to your residence at all times except for employment; education; religious services; medical, substance abuse, or mental health treatment; attorney visits; court appearances; court-ordered obligations; or other activities as pre-approved by the probation officer (Home Detention).

         A. On August 27, 2019, Castro-Marquez left his residence without prior approval at 7:09 AM when his scheduled approved time to leave his residence was 8:00 AM.

         B. On September 1, 2019, Castro-Marquez left his residence without prior approval, where he went outside his residence noted by a Beacon Did not Enter alert at 2:00 PM, a Beacon Leave alert at 2:22 PM, and a Beacon Unauthorized Enter Alert at 2:30 PM. Castro-Marquez admitted he left the area of his home he was instructed to remain in during restricted hours.

         U.S. Probation ...


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