Request for Modifying the Conditions or Term of Supervision — Naeem H. Joseph (Document 2)
Summary
A Probation Form 12B, Request for Modifying the Conditions or Term of Supervision With Consent of the Offender, concerning Naeem H. Joseph, Case 9:24-tp-80012-AMC, in the U.S. District Court for the Southern District of Florida, Document 2, entered on the docket November 21, 2024. It states that the original sentence, dated July 8, 2022, was Twenty-one (21) months imprisonment followed by three (3) years supervised release for Conspiracy to Defraud the United States, in violation of 18 U.S.C. § 371, with restitution of $236,634.51. The probation officer reports urine samples that tested positive for marijuana on or about October 4, 2024, October 25, 2024, and November 1, 2024, and asks the Court to modify the conditions of supervised release to include 25 hours of community service. The request is dated November 18, 2024, over the name of United States Probation Officer Adrian Lieber.
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“Request for Modifying the Conditions or Term of Supervision — Naeem H. Joseph (Document 2).”
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Case 9:24-tp-80012-AMC Document 2 Entered on FLSD Docket 11/21/2024 Page 1 of 3
PROB 12B SD/FL PACTS No. 7894871
(SD/FL 9/96)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 113C 9:24-80012T
Request for Modifying the Conditions or Term of Supervision
• With Consent of the Offender
(Probation Form 49. Waiver of Hearing is Attached}
Name of Offender: Naeem H. Joseph
Name of Sentencing Judicial Officer: The Honorable Charlene Edwards Honeywell, United States
District Judge, Middle District of Florida
Name of Re-assigned Judicial Officer: The Honorable Aileen M. Cannon, United States District Judge,
Fort Pierce, Florida on June 4, 2024
Date of Original Sentence: July 8, 2022
Original Offense: Counts One: Conspiracy to Defraud the United States, in violation of 18 U.S.C.
§ 371, a Class D felony.
Original Sentence: Twenty-one (21) months imprisonment followed by three (3) years supervised
release, a $100.00 special assessment, and restitution in the amount of
$236,634.51. In addition to the standard conditions, the following special
conditions were ordered: The defendant shall: 1) participate in a substance abuse
program and follow the probation officer's instructions regarding
implementation of this court directive; 2) submit to a search of his person,
residence, place of business, any storage unites under his control, computer, or
vehicle, conducted by the United States Probation Officer; 3) be prohibited from
incurring new credit charges, opening lines of credit, or obligating himself for
any major purchases without approval of the probation officer; and 4) provide
the probation officer access to any requested financial information.
On May 10, 2024 a Report on Offender Under Supervision was submitted to the
Middle District of Florida regarding positive drug tests for marijuana. As this
was the defendant's first violation, no action was recommended, and a Transfer
of Jurisdiction was initiated.
Type of Supervision: Supervised Release Date Supervision Commenced: September 5, 2023
PETITIONING THE COURT
D To extend the term of supervision for _ _ years, for a total term of _ _ years.
IZI To modify the conditions of supervision as follows:
Case 9:24-tp-80012-AMC Document 2 Entered on FLSD Docket 11/21/2024 Page 2 of 3
PROB 12B SD/FL PACTS No. 7894871
(SD/FL 9/96)
The defendant shall perform 25 hours of community service as monitored by the U.S.
Probation Officer.
CAUSE
1. Violation of Mandatory Condition, by unlawfully possessing or using a controlled
substance. On or about October 4, 2024, October 25, 2024, and November 1, 2024, the
defendant submitted urine samples which tested positive for the presence of marijuana in
our local laboratory and subsequently confirmed positive by Alere Toxicology Services,
Inc.
On October 4, 2024, the defendant submitted a urine sample that tested positive for the
presence of marijuana in our local laboratory and subsequently was confirmed positive by Alere
Toxicology Services, Inc. on October 12, 2024. The defendant was confronted about this positive test,
and he admitted to smoking marijuana while hanging out with some friends. The defendant advised
he lives alone and works most nights, so occasionally he likes to meet up with friends to have a few
drinks and socialize. He stated that on a few occasions, some of his friends would smoke marijuana
and he made a poor decision to join them.
This officer spoke with the defendant about treatment as an option if he feels like he is addicted
or dependent on using THC, to which the defendant advised he was not. The defendant denied having
a substance abuse problem and reported he has the will power to refuse it going forward.
The defendant was instructed to continue with weekly drug testing to monitor for any ongoing
use. He has since reported for drug testing on October 25, 2024 and November 1, 2024, both of which
have been confirmed positive. Once the defendant submits a negative urinalysis he will be placed on
Code-A-Phone, a random drug testing system.
The defendant has agreed to complete 25 hours of community service as a sanction for his
recent noncompliance, and was advised that any further positives will result in graduated sanctions
and possible Court intervention. The defendant has voluntarily signed the enclosed, Waiver of
Hearing to Modify Conditions of Supervised Release, to include the completion of 25 hours of
community service.
Case 9:24-tp-80012-AMC Document 2 Entered on FLSD Docket 11/21/2024 Page 3 of 3
PROB 12B SD/FL PACTS No. 7894871
(SD/FL 9/96)
RECOMMENDATION:
The defendant will continue with increased drug testing to monitor for any ongoing use, and
as such, it is possible future tests will be returned positive for residual elimination. However, if any
test results are confirmed positive for new use, the court will be notified promptly. To address the
defendant's noncompliant behavior, we are respectfully requesting the Court modify the conditions
of supervised release to include 25 hours of community service.
Respectfully submitted,
by:~~
Adrian Lieber
United States Probation Officer
Office: 561-804-4204
Cellular: 786-501-3596
Date: November 18, 2024
THE COURT ORDERS:
D y a Action
~ The Modification of Conditions as Noted Above
D Submit a Request for D Warrant or D Summons
{ / Date
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