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Man to undergo drug test every other day
The federal court has ordered an every-other-day drug test for an ex-convict who had repeatedly failed past drug tests in violation of his supervision condition.
At a revocation proceeding on Friday, Justin A. Funkugub was allowed to remain free but he must contact the U.S. Probation Office every day by telephone.
U.S. District Court for the NMI designated judge David O. Carter also ordered Funkugub to be tested for controlled substances that day, Friday, and yesterday, Monday.
The judge continued the revocation hearing to March 8, 2017 at 1:30pm.
According to the minutes of the hearing, after the court reconvened at 11:40am that day, Friday, assistant U.S. attorney Eric O’Malley, counsel for the U.S. government, informed the parties that the drug test result from that day had come back presumptive negative because the specimen was diluted or Funkugub may have used illegal drugs in the past.
Carter ordered Funkugub to be tested again yesterday, Monday. Funkugub was summoned to appear in court yesterday at 9am.
U.S. Probation officer Gregory Arriola said the test sample had been sent out for further testing.
Funkugub, who appeared with his court-appointed counsel David Banes, admitted to allegations of “ice” use and for making unauthorized movement, in violation of the location monitoring program rules. He denied allegations that he failed to report to an individual counseling session and drug test last Wednesday.
Carter found that the defendant had violated the conditions of his supervised release conditions.
Assistant U.S. attorney O’Malley did not object to Funkugub’s continued release provided that he be ordered to contact the U.S. Probation Office every day and that he be tested for drug use every other day.
Funkgub had no objection. He stated he would be able to abide by those conditions.
In 2012, the court slapped Funkugub with a 24-month prison term after being convicted of possession of a firearm. His supervised release was revoked several times for using “ice.”
