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United States v. Speiser

United States District Court, Ninth Circuit

January 16, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
JOEL WESLEY SPEISER, Defendant.

FINDINGS AND RECOMMENDATIONS TO REVOKE SUPERVISED RELEASE

CAROLYN S. OSTBY, Magistrate Judge.

I. Synopsis

A petition alleged that Defendant Joel Wesley Speiser ("Speiser") violated his conditions of supervised release. Speiser's supervised release should be revoked, and he should be sentenced to 6 months imprisonment followed by 30 months of supervised release.

II. Status

On February 11, 2009, after Speiser pled guilty to the crime of felon in possession of a firearm, the Court sentenced Speiser to 37 months in custody followed by 36 months of supervised release. ECF 21, 28. Speiser began his supervised release on July 5, 2012. ECF 40.

Petition

On October 21, 2013, the United States Probation Office ("USPO") prepared a Petition for Warrant or Summons for Offender Under Supervision requesting that a warrant be issued for Speiser to appear to answer allegations that he violated conditions of his supervised release. ECF 38. The petition alleged four violations of supervised release. On January 14, 2014, the USPO filed an Amended Petition adding a fifth violation and amending the third violation. The Amended Petition alleges that Speiser violated:

1. Special Condition Number 3 by consuming alcohol;
2. Special Condition Number 3 by again consuming alcohol;
3. The Preamble to the Standard Conditions after he was charged with Resisting Arrest, to which he later pled guilty;
4. Standard Condition Number 11 by failing to report contact with law enforcement within 72 hours; and
5. Special Condition Number 1 by failing to appear for random urinalysis testing.

ECF 40.

Based on the original petition, the undersigned issued a warrant for Speiser's arrest. ECF 39. At the time of the filing of the first petition, the case was reassigned to the Hon. Donald W. Molloy, U.S. District Judge, and referred to the ...


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