United States Judgment

USA v. OCampo

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The petition states that Mr. OCampo was released from the Yakima County Jail on May 9, 2022, was instructed to report to probation, and nevertheless failed to report within 72 hours; on that basis, the probation officer sought issuance of a warrant or summons.

Court disposition

Petition filed seeking to issue a warrant.

Orders

  • To issue a warrant.

02

Material facts

Parties

United States

Petitioner Counsel: Michael Davis Murphy

Ruben Landa OCampo

Offender Counsel: Alex B. Hernandez, III.

Amounts and remedies

  • Original Sentence Prison Months: 60
  • Supervised Release Term Months: 36
  • Supervision Commenced Year: 2,022
  • Supervision Expires Year: 2,025

03

Procedural history

  1. Posture

    Criminal Supervised Release Revocation Proceeding / Petition for Warrant or Summons for Offender Under Supervision

04

Questions and positions

Legal issues

Party arguments

Applicant
The probation officer reported that Mr. OCampo failed to report to the Yakima probation office within 72 hours of release and that his whereabouts were unknown, supporting issuance of a warrant.

05

Court’s reasoning

  1. 01

    Standard Condition #1 as quoted in the petition

    A person on supervised release must report to the probation office in the federal judicial district where authorized to reside within 72 hours of release from imprisonment unless instructed otherwise by the probation officer.

06

Ratio, limits and disposition

Ratio decidendi

The petition states that Mr. OCampo was released from the Yakima County Jail on May 9, 2022, was instructed to report to probation, and nevertheless failed to report within 72 hours; on that basis, the probation officer sought issuance of a warrant or summons.

Court disposition

Petition filed seeking to issue a warrant.

  • To issue a warrant.

Source and reliance status

Official court record

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Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

Judgment

Case 1:16-cr-02009-SAB ECF No. 91 filed 05/16/22 PageID.<pageID> Page 1 of 2 PROB 12C (6/16) Report Date: May 13, 2022 United States District Court for the Eastern District of Washington Petition for Warrant or Summons for Offender Under Supervision Name of Offender: Ruben Landa OCampo Case Number: 0980 1:16CR02009-SAB-1 Address of Offender: Toppenish, Washington 98948 Name of Sentencing Judicial Officer: The Honorable Stanley A. Bastian, Chief U.S. District Judge Date of Original Sentence: December 21, 2016 Original Offense: Felon in Possession of Firearm, 18 U.S.C. §§ 922(g)(1) and 924 Original Sentence: Prison - 60 months TSR - 36 months Type of Supervision: Supervised Release Asst. U.S. Attorney: Michael Davis Murphy Date Supervision Commenced: March 2, 2022 Defense Attorney: Alex B. Hernandez, III. Date Supervision Expires: March 1, 2025 To issue a warrant.

PETITIONING THE COURT The probation officer believes that the offender has violated the following condition of supervision: Violation Number Nature of Noncompliance 1 Standard Condition #1: You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of your release from imprisonment, unless the probation officer instructs you to report to a different probation office or within a different time frame. Supporting Evidence: Mr. OCampo is considered to be in violation of his supervised release conditions by failing to report to the probation office in Yakima, Washington, within 72 hours of release as of May 13, 2022. On May 9, 2022, Mr. OCampo released from the Yakima County Jail. This officer contacted Mr. OCampo’s brother, who was present at the previous revocation hearing, and left instruction for Mr. OCampo to report to probation office as required. On May 11, 2022, in attempt to contact Mr. OCampo, this officer spoke with Mr. OCampo’s brother. He asked this officer if Mr. OCampo had reported to the Yakima U.S. probation office. This officer let him know that Mr. OCampo had failed to report. Mr. OCampo’s brother stated he would instruct Mr. OCampo to report to the probation office. As of the date of this report, Mr. OCampo failed to report to the probation office within 72 hours of his release from custody and his whereabouts is unknown. FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON SEAN F. MCAVOY, CLERK May 16, 2022 Case 1:16-cr-02009-SAB ECF No. 91 filed 05/16/22 PageID.<pageID> Page 2 of 2

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

18 U.S.C. §§ 922(g)(1) and 924

Legislation

Legislation referenced in the available case record.

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