The federal court has placed on supervised release for 32 months an ex-convict who used methamphetamine or “ice” while on supervised release.
U.S. District Court for the NMI Chief Judge Ramona V. Manglona on Tuesday afternoon granted the U.S. government’s request to revoke the supervised release of Hermanny Palacios Santos Jr. after the defendant entered a “no contest” to the allegation.
With the new supervised release, Manglona imposed several special conditions, including subjecting Santos to a location monitoring technology for four months and restricted him to his residence at all times except for employment, education, religious activities, medical, treatment, and court appearances.
Santos must submit to substance abuse testing (no more than eight tests per month) and must not use or possess alcohol and submit to breathalyzer testing.
Robert T. Torres, court-appointed counsel for Santos, argued that the defendant does not contest the laboratory results and they do not challenge those results.
Torres recommended that Santos be ordered to serve community service hours, placed on location monitoring with home detention, more counseling, and drug testing.
Assistant U.S, attorney James Benedetto appeared for the U.S. government.
According to U.S. probation officer Gregory F. Arriola, Santos tested presumptive positive for methamphetamine at the drug-testing vendor last May 14.
Arriola said because Santos denied use of illicit drugs, the urine specimen was sent to the national laboratory confirmatory testing.
Arriola said that, the following day, May 15, Santos was subjected to a drug test at the U.S. Probation Office and was found presumptive positive for methamphetamine and amphetamines.
When questioned about the test results, the defendant denied using any drugs. The urine specimen was sent to the national laboratory for confirmatory testing.
Arriola said that last May 21, the laboratory reports for both testing dates were received, which revealed positive results for methamphetamine.
Arriola said that the following day, May 22, they confronted Santos with the results, but the defendant continued to deny that he used any illicit substances.
The probation officer said Santos inquired if he could have tested positive by “someone putting the drug in his drink or food.”
Santos was informed that it was very unlikely.
In December 2016, the District Court slapped Santos with a 21-month prison term after he entered a guilty plea to an indictment that charged him with two counts of felon in possession of a firearm and ammunition.
Upon release from imprisonment, Santos was placed on supervised release for three years with some conditions, including not using controlled substance and submit to substance abuse treatment program.