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United States v. Martinez

United States District Court, Ninth Circuit

December 24, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
RAMON ROBERT MARTINEZ, Jr., Defendant.

FINDINGS AND RECOMMENDATIONS

CAROLYN S. OSTBY, Magistrate Judge.

I. Synopsis of Recommendation

A petition alleged that Defendant Ramon Robert Martinez, Jr. ("Martinez") violated conditions of his supervised release. After consideration of the required factors, the undersigned recommends that Martinez's supervised release be revoked and he be sentenced to 10 months incarceration with no supervision to follow.

II. Status

On November 9, 2011, after Martinez pled guilty to receipt of a firearm while under indictment for a felony crime, Judge Shanstrom sentenced him to 15 months in custody followed by 36 months of supervised release. ECF 19, 21. Martinez began his first term of supervised release on November 14, 2011. ECF 24.

Martinez's supervised release was revoked on July 17, 2013, after he admitted to using methamphetamine, failing to report fo urinalysis testing, and failing to follow the instructions of or be truthful with his supervising officer. He was sentenced to 6 months custody with 18 months of supervised release to follow. Id. Martinez began his second term of supervised release on September 28, 2013. ECF 34.

Petition

On December 9, 2013, the United States Probation Office filed a Petition for Warrant or Summons for Offender Under Supervision alleging Martinez violated:

(1) Standard Condition Number 6 by failing to notify his probation officer of a change in residence - the Petition alleges that, as of its filing, Martinez's whereabouts were unknown and Martinez was considered to have absconded; and
(2) Standard Condition Number 3 by failing to report to his probation officer as instructed - the Petition alleges that Martinez's phone had been disconnected and that he absconded supervision.

ECF 34.

Based on the petition, the undersigned issued a warrant for Martinez's arrest. ECF 35. The case was reassigned to the Hon. Donald W. Molloy, U.S. District Judge, and referred to the undersigned for Findings and Recommendations. Standing Order DLC-10.

Initial Appearance

Martinez was arrested on December 11, 2013. He made an initial appearance before the undersigned on December ...


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