efraim diveroli: request for modifying the conditions or term of supervision with consent of the...

8/18/2019 Efraim Diveroli: Request for Modifying the Conditions or Term of Supervision With Consent of the Offender 4-13-16

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SD/FL PACTS No. 96768ROB 12B

(SD/FL 9/96)

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO(s). 1:08-20574-CR-LENARD (s)-1

1:15-20081-TP-LENARD

Renuest for Modifvine the Conditions or Term of Supervision

with Consent of the Offender

(Pro atlon orm : alver o earlng Is ttae ed)

Name of Offender' Efraim Diveroli

Narr e of Sentencing Judicial Offker:

Florlda

Nyme of jenlencing Judicial Officer: The Honorable Gregory A. Presnell, United States District Judge for the

M lddle Dlstrlct of Florida

The Honorable Joan A. Lenard, United States District Judge, M iami,

Trynsfer of Jurisdiction: October 9, 2015- The Honorable Marcia G. Cooke, United States District Judge,

Mlami, Florida (Docket no. 6:10-CR-281-ORL-3lKRS)

Narl e of Reassigned Judicial Ofticer: The Honorable Joan A. Lenard, United States District Judge, M iami,

Florlda.

Date of Original Sentence: January 3, 201 1: 1:08-20574-CR-LENARD-1

September 1, 201 1 : 1 :15-2008 I-TP-LENARD

Original Offense: 1:08-20574-CR-LENARD-1: Conspiracy to commit offenses againstthe United States,

18 U.S.C. 5371, a Class D felony.

1:15-2008 I-TP-LENARD: Possession of firearms and ammunition by aconvicted felon,

18 U.S.C. jj922(g)(1) and 924(a)(2), a Class C felony.

Original Sentence' 1 :08-20574-CR-LENARD-1: Forty-eight months custody (?f the United States Bureau

of Prisons, three yejrs supervised releasç, $149,249.28 restltution, a $250,000.00 fine,

and a $100.00 speclal ajsessmegt. Speclal gqnditlqns: The defendant shyll 1) perfortn

200 houtrs of communlty selvlce; 2) partlclpate ln the Homj Detentlon electronlc

Monitorlng Program fo( a gerlod of 90 djys; 3) not agply for, jollcit, or incur any further

debt, lncluded byt not llmlted to lqans, llnes of credlt or credlt card chyrges, either as a

princigal or cojlgper, as an indiyldual or through any corporate entlt , without first

optainlng permlsslon from the Uqlted States Probation Officer; 4) submlt to search of

hls person or property conducted ln a reasonable manner and at a reasonable tlme by the

U.j. Prpbation Officer; 5) ypon the request of the appropriate regulatory agency, and

rellnqulsh his licgnse to sald agency; 6) obtain prior rrltten approval from the Court

before entering lnto any self-employment; 7) particlpate in an approved tlqatment

program for drug and/or alcohol abuse and abide by a1l supplemental condltlons of

treatment.

1:15-2008 I-TP-LENARD: Forty-eight months custody (?f the United Stytes Bureau of

Prisons, 24 months of this term shall run concurrent wlth the tgrm of lmprijonment

imposed in Docket Number 1:08-20574-CR-JAL-2, Southern Dlstrict of Flqrlda, two

years supervised releaje) and a $100.00 special assessment. Speclyl Fondjtlons: The

defendant shall 1) partlclpate in a substance abuse program; 2) partlclpate ln a mental

health program; and 3) cooperate in the collection of DNA.

July 3, 2014: Fgrty-eight months custody sentence repuced to 36 months, with 24

mgntjs for credlt tlme served pursuynt to the sentence lmposed by the United States

Dlstrlct Court for the Southern Dlstrlct of Florida, Case Number 1:08-20574-CR-JAL.

M arch 1 1, 2016: Supervised release modified to include an additional 50 hours of

community service.

Type of Supervision: Supervised Release Date Supervision Commenced: December l 9, 2014

Case 1:15-tp-20081-JAL Document 4 Entered on FLSD Docket 04/13/2016 Page 1 of 3


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PROB 12B SD/FL PACTS No. 96768

(SD/FL 9/96)

PETITIONING TH E CO URT

(J To exteqd the term of supervision f?r years, for a total term of - years.

gX) To modlfy the conditions of supervlszn as follows:

Thedefendantshall perform an additional 50 hours of comm unityserviceas ordered bythe Court,

and as monitored by the United States Probation Ofûcer.

The defendant shall participate in Location M onitoring program for a period not to exceed 180

days, or until otherwise released by the Court. During this time, the defendant shall remain at his

place of residenre except for employment and other activities approved in advance, and provide

the U.S. Probation Oflker with requested documentation. The defendant maintain a telephone

at his place of residence without ddcall forwarding,'' ddcall waitingy'' a modem , Rcalled D ,'9 or Hcall

back/call block'' services for the above period. The defendant shall wear a Iocation monitoring

device and follow the location monitoring procedures as instructed by the U.s.probation Ofscer.

CAUSE

Violation of MandatoG Condition, by unlawfully possessing o ' using a Fontrolled subslance. On

February 8, 22, and 29, 2016, the defendant submitted urine speclmens whlch tested Rositlve for the

presence of marlluana in our local laboratory; and subsequently confirmed positlve by Alere,

Incomorated.

Violation of M andato Condition, by unlawfully possessiny or using a cqntrolled substance. On

March 21, 2016, the de endant submitted a urine specimen whlch tested posltive for the presence of

cocaine in our local laboratory. Test results are pending confirmation. However, the defendant admitted

to the use of cocaine and signed an Admission Report.

1.

2.

On Febryary 8, 22 and 29, 2016, the defendant submitted urine specimens lhich tested positive for the

presence of ariluana in our local laboratory; and were subjequently coqfirmed posltlve by Alere, lncomorated.

On February 29, 2016, the defendaqt reported to the probatlpn oftke qs lnstructed ayd he was conflontqd about

the pos-tlve test resultj. At that tlme, he defendant adpltted to uslny Cannabidlol (CBD), whlch ls an ojl

extracted from the marljuanq plant. He lndicated he obtalned the CBD Jn a local tobacco store, and assumed lt

was acceptable to qse since lt was sold at a tobacco jtore. When questloned, he repogedly t'esorted to the use

of CBD, ys a coqlng mechanism tg reduce his anxlqty and stress levels. Hj exglalned h1s qnemployment,

relationshlp coqfllcts with an ex-glrlfriqnd and pendlng matters with civil lttigatlon led to h?s relapse. The

defendant was lnformed that CBD contalns small levels (?f Tetrahydrocannablnol (THq), and ls not currently

legalized in the State of Florida. He was verbally admonlshed and instructed to discontlnue ujing any further

CBD products. Furthermore, during the lneeting, he defendantappeared rqmorseful and apologlzed for his non-

compliant behavior. Both verbal jnd wqltten qeprlmands were lssued by thls officer to the defendant and he was

placed on an extlnded 30 day urlnylysls testlng sanction. Thls offker slaffed Jhe defendant's case with drug

treatment speciallst Evelyn Mesa-oleda and she assessqd the defendant ls not ln nged of drug treatment. The

defendant was made aware of he fact that continued illiclt substance use may result ln his participation in a drug

treatment program Or a possible court appearance.

In addition, th defendant ras encouraged maintain hi monthly psyghiatric appointments, discuss his

mental health issues wlth his psychlatrist, and take his medicatlons as prescrlbed.

On March 15, 2016, this ofticer held a telephonic coyversation with Guillermo Cruz, Unitqd States

Probation gfficer Asjistant (POA), who oversees our drug testlng laboratory. POA Cruz is of the oplnion the

urine speclmen submltted on February 29, 2016, by the defendant retlected residual use.

Oq March 21, 2016, the defendant submitted a tlrine specimen which tested positive for the presepce

of cocaine ln our local labgrytory. On March, 23, 2016, thls officer staffed the defendant's qase for a second tlme

with drug treatment speclallst Evelyn Mesa-ojeda, and she assessed thg defendant to be ln need of outpatlent

substance treatment. The dgfeqdant indicated he recently contacted a llcensed substançe abuse counselor and

was ln the process of enrolllng ln an outpatlent substance abuse treatment program at h1s expense.



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SD/FL PACTS No. 96768'ROB 12B

(sD/FL 9/96)

On March 25, 2016, the dqfendant regorted to the probation oftke to discuss his rqcegt cocaine positive

urinalysis test result. He immedlately admltted to using cocaine and slgned an Admlsslon Report. W hen

questioned, h admittqd to associating with a former neighbor and they used cocaine together. He expressed

remorse for h1q behavlor and believes hq should qeturn to substance abuse treatmept. F?r a second time, the

dgfendant was lssued both veljyl and wrltten reprlmand ayd he waq instructed to dlscontlnue ajsociatipg with

1s neighbor or yny other indlvlduals who engage in crlnynal activlty. At the jonclusion of thls meetlng, he

defendant was Instructed to commence attending Narcotlcs Anonymous meetlngs twice weekly and provlde

documentation of his attendance.

As a result of defendant's recent illegal drug use, the recommepdation is to allow him to increase his

uripe testing frequsncy to twice weekly for a period of 30 dlys and modlfy his conditions of supervised release

to lnclude an additlonyl 50 hours of commuyity service to hls original court ordered 200 hours. ln addition, he

agreed to participate ln the Location M onltoring Program for a period of 180 days. Upon the successful

completion of his 30 days of urine testing, he will be required to submit to increased urinalysis testing to detect

or deter any future drug use.

To date, the defqndant h s completed 57 hours of his court ordered community service hours; and he has

been re-igstructed by thls probajlon offcer to complete a minimum of 12 hours per month. His restltution, fine

and speclal assessment were pald in full.

The defendant has voluntarily signed the enclosed WaiverofHearingto Mod# Conditions ofsupervised

Release, agreeing to modify his community service hours to include and additional 50 hours to be added to the

original 200 hours ordered by the Court, and his placement on 180 days of Location M onitoring.

It shpuld be noted, on Mjrch 1 1, 2016, The Hgnorable Marcia G. Cooke, United States District Judye,

conqurredwlth our rscommendatlonto includethe modlficationto complete an additional 50 hours ofcopmuqlty

servtce for the positlve urlnalysls results screens dated February 8 and 22, 2016. Hprever, thg positlve urlne

speclmens collectsd on Fqbruary 29 and March 21, 2016 were n?t reported on the orlglnal getitlon. Fugher, as

a result of the pojltiv urlne scregn for cqcaiye, we are requestlng the defendant's supervlsed be modlfied to

include participatlon ln the Locatlon M onltorlng Program for a period of l 80 days.

RECOM M ENDATION: We are respectg llyrecommendingthatthe Courtmodifythe conditions of supervised

release to include the performance of an additional 50 hours of community service, and his placement on 180

days of Location M onitoring. ln addition, the defendant will commence an outpatient substance abuse program,

and continue with his mental health care. The Court will be promptly notified of any further non-compliance by

this defendant.

Respectfully submitted,

by j... zzr. John steinhilber

.

:œ ---- ''''X'J 2:16:3.28 32:27:42 -04,co,

John Steinhilber

United States Probation Officer

Office Phone: (305) 259- 1307 < llictaat

Cellular Phone; (786) 368-1892 1Z'

Date: M arch 28, 20 16

THE COURT ORDERS:

E 1 NO Action

The Modifkation of Conditions as Noted Above

) Submit a Request for - Warrant or - Summons

Signat r of Judicial Oftker

/

Date


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