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In re Platt

United States District Court, D. Massachusetts

September 20, 2017

Jerome Platt

          REQUEST FOR MODIFYING THE CONDITIONS OR TERM OF SUPERVISION WITH CONSENT OF THE OFFENDER (PROBATION FORM 49, WAIVER OF HEARING IS ATTACHED)

          Honorable George A. O'Toole, Jr., U.S. District Judge.

         PETITIONING THE COURT

         [ X ] To modify the conditions of supervision as follows:

The defendant shall abide by a curfew from 8:00pm to 6:00am, unless otherwise approved by the U.S. Probation Officer, for a period of (90) ninety days. This curfew shall be enforced by electronic monitoring and the defendant shall pay for the costs of the program as determined under the national contract. The defendant is responsible for returning the monitoring equipment in good condition and may be charged for replacement of repair of the equipment.

         CAUSE

Violation of Standard Condition: The defendant shall not leave the judicial district without permission of the court or probation officer.

         &

Violation of Standard Condition: The defendant shall notify the probation officer at least ten days prior to any change in residence or employment.

         &

Violation of Standard Condition: The defendant shall not associate with any persons engaged in criminal activity and shall not associate with any person convicted of a felony, unless granted permission to do so by the probation officer.

         On 8/8/17, this officer met with Mr. Piatt to discuss the police contact. Initially, Mr. Piatt did not inform this officer that the contact took place out of the state. Eventually, Mr. Piatt admitted to leaving the state without permission, but denied that he went any further than New Hampshire. Mr. Piatt also reported that the passenger in the car with him was with an individual named Tyrell (last name unknown), whom Mr. Piatt knew to be a felon.

         Violation of Standard Condition: The defendant shall refrain from the excessive use of alcohol and shall not purchase, possess, use, distribute or administer any controlled substance or any paraphernalia related to any controlled substances, except as prescribed by a physician.

On 5/30/17, Mr. Piatt provided a urine sample for drug testing. Laboratory analysis of that sample revealed that it was positive for marijuana. Mr. Piatt admitted to the use of marijuana after submitting the sample.
On 7/31/17, Mr. Piatt provided a urine sample for drug testing. Laboratory analysis of that sample revealed that it was positive for marijuana. On 8/8/17, during an office visit with this officer, Mr. Piatt admitted to using marijuana prior to submitting this sample.

         Mr. Piatt is currently employed full time. He is working with Dr. Cusack to address mental health issues and has submitted two negative drug tests since his last positive on 7/31/17. As a result of the above conduct, the Probation Office believes that imposing a curfew with electronic monitoring will effectively address Mr. Piatt's conduct and provide him with the structure needed to assist him in making more pro-social decisions. The probation officer explained Mr. Piatt's rights to him, and Mr. Piatt then signed the attached Waiver of Hearing to Modify Conditions of Probation/Supervised Release (PROB Form 49).

         If the Court concurs with the proposed intervention, it is respectfully requested that Your Honor so indicate in the space provided below.

         THE COURT ORDERS

         [ ] No Action

         [ ] The Extension of Supervision as Noted Above

         [X] The Modification of ...


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