Request for Modification to Conditions of Supervision — Mikaela Cuevas, 2:19-cr-00321

Summary

A Probation Form 12B Request for Modification to Conditions of Supervision With Consent of Offender, dated April 1, 2021, Document 6 in Case 2:19-cr-00321-APG-VCF, filed 04/05/21, in the U.S. District Court for the District of Nevada, naming Mikaela Cuevas as offender. It lists a date of original sentence of November 1, 2019 and an original sentence of 36 Months probation; it petitions the court to add conditions of alcohol abuse treatment, substance abuse treatment, drug testing, no alcohol, and home confinement with location monitoring for a period of 120 days. The cause section describes a March 18, 2021 traffic stop in Las Vegas, an arrest for Driving Under the Influence, and a recommendation by the probation officer, Bryce D. Stark, to add the conditions.

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“Request for Modification to Conditions of Supervision — Mikaela Cuevas, 2:19-cr-00321.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-2-19-cr-00321-dkt-6-ac27350f8a/, SHA-256 87903face8f7ae983daaaeeeef269a513e9a8f2c229a55b00d287dc43eaadbc1.

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Case 2:19-cr-00321-APG-VCF Document 6 Filed 04/05/21 Page 1 of 6
Prob12B
D/NV Form
Rev. June 2014

United States District Court
for
the District of Nevada

REQUEST FOR MODIFICATION
TO CONDITIONS OF SUPERVISION WITH CONSENT OF OFFENDER
Probation Form 49 (Waiver of Hearing) is Attached
April 1, 2021

Name of Offender: Mikaela Cuevas

Case Number: 2:19CR00321

Name of Sentencing Judicial Officer: Honorable Camille D. Bibles

Date of Original Sentence: November 1, 2019

Original Offense: Assault on a Federal Law Enforcement Officer

Original Sentence: 36 Months probation

Date Supervision Commenced: November 1, 2019

Date Jurisdiction Transferred to District of Nevada: December 17, 2019

Name of Assigned Judicial Officer: Honorable Andrew P. Gordon

PETITIONING THE COURT

‫ ܈‬To modify the conditions of supervision as follows:

1. Alcohol Abuse Treatment – You must participate in an outpatient alcohol abuse
treatment program and follow the rules and regulations of that program. The probation
officer will supervise your participation in the program (provider, location, modality,
duration, intensity, etc.).

2. Substance Abuse Treatment – You must participate in an outpatient substance abuse
treatment program and follow the rules and regulations of that program. The probation
officer will supervise your participation in the program (provider, location, modality,
duration, intensity, etc.).

3. Drug Testing – You must submit to substance abuse testing to determine if you have
used a prohibited substance. Testing shall not exceed 104 tests per year. You must not
attempt to obstruct or tamper with the testing methods.
Case 2:19-cr-00321-APG-VCF Document 6 Filed 04/05/21 Page 2 of 6

RE: Mikaela Cuevas
Prob12B
D/NV Form
Rev. June 2014

4. No Alcohol – You must not use or possess alcohol.

5. Home Confinement with Location Monitoring – You will be monitored by the form of
location monitoring technology indicated below for a period of 120 days, and you must
follow the rules and regulations of the location monitoring program. You must pay the
costs of the program.

‫ ܈‬GPS Monitoring (including hybrid GPS).

This form of location monitoring technology will be used to monitor the following
restriction on your movement in the community (choose one):

‫ ܈‬You are restricted to your residence every day from 9:00 p.m. to 6:00 a.m., or as
directed by the probation officer.

CAUSE

Cuevas was sentenced to 36 months’ probation on November 1, 2019 in the District of Arizona
for a Class A offense. The Court was notified previously of Cuevas being arrested for assault
with a deadly weapon, failure to appear for a traffic violation, and receiving a citation for
signaling after a lane change. The assault charge was dismissed, and no action was requested to
be taken by the Court.

On March 18, 2021, Cuevas was contacted by Las Vegas Metropolitan Police Department
(LVMPD) officers at 2:10 a.m. when a vehicle was seen driving approximately five miles per
hour and came to a complete stop in the traffic lane at Lake Mead Boulevard and Castleberry
Lane in Las Vegas, Nevada. As the officer approached in their vehicle, the vehicle in question
turned into a driveway that led to a closed fence. A vehicle stop was made in the driveway and
the female driver, later identified as Cuevas was speaking on her cellular telephone to a female
who Cuevas claimed to be her mother. Cuevas was informed of the reason for the traffic stop and
she informed the officer that she needed her mother to pick her up. The female on the phone
asked where to pick her up and Cuevas said, “right here” twice. The officer observed that Cuevas
pants were extremely wet between her legs as if she had urinated on herself. Cuevas was asked
for her driver’s license and she provided the officer a Visa debit card, then looked in her purse
again, attempted to open her wallet which was already open, During the contact the officer
smelled the odor of alcohol coming from inside the vehicle. Cuevas was instructed to remove the
keys from the vehicle and when she attempted to exit her vehicle, she was told to stand in front
of the patrol vehicle. Cuevas kept repeating herself “I just want to go home.” When Cuevas
exited her vehicle, it was noted her gait was unsteady and she “walked carefully” to the front of
the patrol vehicle. The officer noticed when she exited her vehicle the smell of an alcoholic
beverage increased from her person.

Cuevas was given standardized field sobriety tests at 2:26 a.m. and performed poorly. Cuevas
admitted to the officer that she had consumed “one tequila mixed drink” at approximately 9:00
Case 2:19-cr-00321-APG-VCF Document 6 Filed 04/05/21 Page 3 of 6

RE: Mikaela Cuevas
Prob12B
D/NV Form
Rev. June 2014
p.m. to 11:00 p.m. After Cuevas failed the field sobriety tests, she was arrested for Driving
Under the Influence and Drive with Suspended License and Display Suspended Plate. An open
bottle of Pineapple Malibu was found on the passenger floorboard of Cuevas vehicle after he
arrest. Cuevas consented to a blood sample for testing at the Clark County Detention Center. The
results of the test are still pending, as well as the state charges.

On April 1, 2021, Cuevas was seen by the undersigned officer at the United States Probation
Office. Cuevas verbally admitted that on the date of the arrest she had been at a house party
where she consumed two Sangria Wine Coolers, two tequila and Squirt mixed drinks, and two
shots of tequila before the made the poor decision to drive home from the party. She also
admitted verbally that she used cocaine on the night of the incident and has been smoking
marijuana daily since being on probation. Cuevas still has not completed her boater’s safety
course ordered when she was sentenced to probation but advised that when the undersigned
officer called her to report two days ago, she signed up to take the online class, which costs less
than $50. She also failed to report the new arrest until April 1, 2021. She advised she consumes
alcohol weekly and to intoxication once a month. She reported she blacked out on the night of
the DUI arrest.

The originating Court of jurisdiction in the instant offense waived drug testing as a condition.
There were also no treatment related conditions in place to address any such issues. Cuevas, who
is 22 years old, with a newborn infant and one young child, reports she has never received any
form of substance abuse or alcohol abuse treatment. Because of this, it is respectfully
recommended that the above conditions be added so she can receive treatment for these issues
that are now known to the probation office. The curfew location monitoring with GPS condition
for 120 days is being requested as a sanction for her arrest for DUI at this time in lieu of
revocation. Cuevas has agreed to the modification of her conditions of probation as noted in the
attached PROB49 that she signed.

Respectfully submitted,

Bryce D. Stark
2021.04.01
18:56:34 -07'00'
______________________________
Bryce D. Stark
United States Probation Officer

Approved:
Ben Johnson
2021.04.01 18:36:46
-07'00'
__________________________________________
Benjamin B. Johnson
Supervisory United States Probation Officer
Case 2:19-cr-00321-APG-VCF Document 6 Filed 04/05/21 Page 4 of 6

RE: Mikaela Cuevas
Prob12B
D/NV Form
Rev. June 2014

THE COURT ORDERS

‫܆‬ No Action.

‫܆‬ The extension of supervision as noted above.

‫܆‬ The modification of conditions as noted above

‫܆‬ Other (please include Judicial Officer instructions below):

---------------------------------------------------------------------------------

_____________________________
Signature of Judicial Officer

_____________________________
April 5, 2021
Date
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Case 2:19-cr-00321-APG-VCF Document 6 Filed 04/05/21 Page 6 of 6

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