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United States v. Melendez

United States District Court, D. Rhode Island

September 16, 2019

UNITED STATES OF AMERICA
v.
NEFTALI MELENDEZ

          REPORT AND RECOMMENDATION

          PATRICIA A. SULLIVAN, UNITED STATES MAGISTRATE JUDGE.

         This matter has been referred to me pursuant to 28 U.S.C. § 636(b)(1)(B) and 18 U.S.C. § 3401(i) for proposed findings of fact concerning whether Defendant Neftali Melendez is in violation of the terms of his supervised release and, if so, for recommended disposition. In compliance with that directive and in accordance with 18 U.S.C. § 3583(e) and Fed. R. Crim. P. 32.1, a hearing was conducted on September 9, 2019, at which time Defendant waived a violation hearing and admitted that he had committed the charged violations. I released Defendant with the additional bail condition of a curfew with radio frequency monitoring while this matter is pending. Based on Defendant's admissions, the parties' joint recommendation and the following analysis, I do not recommend that the Court revoke supervision; rather, I recommend that Defendant continue on his current term of supervised release with a modification based on the bail condition as follows:

Defendant shall submit to radio frequency monitoring for a period of sixty days and comply with all of the program requirements and instructions provided. Defendant shall pay all or part of the cost of the program based upon ability to pay as determined by the U.S. Probation Office.
Defendant shall be restricted to his residence every day from 9:00 p.m. to 6:00 a.m. for a period of sixty days.
Defendant shall participate in a program of mental health treatment as directed and approved by the Probation Office.
Defendant shall participate in substance abuse testing (up to 72 tests per year), as directed by the U.S. Probation Officer. The frequency of the testing may be increased at the discretion of the U.S. Probation Officer.
Defendant shall participate in substance abuse treatment, as directed by the U.S. Probation Officer.
Defendant shall participate in a manualized behavioral program as directed by the United States Probation Office. Such program may include group sessions led by a counselor or participation in a program administered by the United States Probation Office.
Defendant shall contribute to the cost of treatment based upon ability to pay, as determined by the U.S. Probation Office.

         I. BACKGROUND

         On August 26, 2019, the Court granted the Probation Office's petition for the issuance of a summons charging Defendant with the following violations:

Violation No. 1: You must refrain from any unlawful use of a controlled substance.
Mr. Melendez used cocaine as evidenced by positive drug tests on July 8, 17 and 22, 2019.
Violation No. 2: The defendant shall reside at a Residential Re-entry Center, preferably the Houston House in Pawtucket, Rhode Island, for a period of six months. While at said facility, the defendant shall comply with all the ...

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