Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

U.S. v. CLARO

August 13, 1999

U.S., PLAINTIFF,
v.
JAMES CLARO, DEFENDANT.



The opinion of the court was delivered by: Richard Mills, District Judge.

OPINION

Is the Wright case right?

A dispute about precedent.

Defendant says positive drug tests don't imply possession.

The Court follows the weight of well-supported authority.

The Defendant is wrong.

This cause is before the Court following the hearing on revocation of supervised release. For the reasons given below, the Court revokes Defendant's supervised release.

I. BACKGROUND

On September 10, 1997 Defendant was indicted on a charge of distribution of hydromorphone. He pleaded guilty and on January 1, 1998, Defendant was sentenced to 2 months imprisonment and 3 years supervised release.

Defendant's term of supervised release began on January 15, 1998. But Defendant did not comply with the conditions imposed on his supervised release. Thus, on June 14, 1999, the Government filed a Petition for Summons for Offender Under Supervised Release. The petition alleged that on November 4, 1998, Defendant had submitted a urine sample that tested positive for use of cocaine. Then, on April 29, 1999, Defendant submitted urine samples that tested positive for use of cannibus.

The Dispositional Report states that Defendant's violation is a grade B violation. Defendant has filed an objection to the Dispositional Report and contends that his positive tests for cocaine and cannibus constitute only grade C violations.

II. ANALYSIS

The policy statements contained in the Sentencing Guidelines contain three grades of violations of supervised release. Grade A violations are the most serious, and they include offenses such as controlled substance offenses, as defined at 4B1.2, and offenses involving firearm possession and other offenses punishable by a "term of imprisonment exceeding twenty years." 7B1.1(a)(1). Grade B violations, by contrast, are those offenses (under federal, state or local law) that are punishable by terms of imprisonment in excess of one year. U.S.S.G. § 7B1.1(a)(2). Finally, grade C violations, the least serious, include those offenses that are' punishable (under federal, state or local law) for a period of less than a year. 7B1.1(a)(3) Grade C violations also include those offenses that are simply violations of the terms of supervised release. Id.

In arguing that he committed only a grade C violation when he tested positive for drugs, Defendant relies exclusively upon the case of United States v. Wright, 92 F.3d 502 (7th Cir. 1996). In that case, a defendant violated his supervised release when he was arrested and charged with possession with intent to distribute 23 grams of crack cocaine and when he was found with a handgun. The District Judge determined that the defendant had committed ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.