USA v. Breithaupt et al

ORDER - 1

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

UNITED STATES OF AMERICA,

Plaintiff,

v.

MARCUS S. HAWKINS,

Defendant.

No. 2:22-CR-00133-TOR-19

ORDER FOLLOWING
DETENTION REVIEW
HEARING

MOTION GRANTED
(ECF No. 523)

On March 21, 2023, the Court held a detention review hearing to consider
Defendant MARCUS S. HAWKIN’s Motion for Reconsideration of Detention
Order, ECF No. 523. Defendant appeared while in custody with court-appointed
counsel Bevan Maxey. Assistant U.S. Attorney Earl Hicks represented the United
States. U.S. Probation Officer Patrick J. Dennis was also present.
Specifically, Defendant seeks release and Defendant, through counsel,
presented a proposed release plan and address. The United States did not oppose
Defendant’s proposed release plan. The Court also addressed Defendant.
IT IS ORDERED Defendant is conditionally released pending approval of
the proposed release address by U.S. Probation on the following conditions of
pretrial release and the additional conditions that he appear for all hearings
pursuant to the Indictment, and that he remains in contact with his counsel.
STANDARD CONDITIONS OF RELEASE
(1) Defendant shall not commit any offense in violation of federal, state, or
local, or tribal law. Defendant shall advise the supervising Pretrial
FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
SEAN F. MCAVOY, CLERK
Mar 27, 2023
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ORDER - 2

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Services Officer and defense counsel within one business day of any
charge, arrest, or contact with law enforcement. Defendant shall not
work for the United States government or any federal or state law
enforcement agency, including tribal agencies, without approval from
Pretrial Services and a judicial officer. Defendant shall comply with all
conditions of supervision imposed by other courts.

(2) Defendant shall reside at an address approved by Pretrial Services and
advise the court, defense counsel and the U.S. Attorney in writing at
least twenty-four hours before making any change in address or phone
number.

(3) Defendant shall appear at all proceedings as required and shall
surrender for service of any sentence imposed as directed.

(4) Defendant shall sign and complete A.O. Form 199C before being
released and shall reside at the address furnished.

(5) Defendant shall not possess a firearm, destructive device, or other
dangerous weapon. There shall be no firearms in the home where
Defendant resides.

(6) Defendant shall report to the United States Probation Office before or
immediately after release and shall report as often as they direct, at such
times and in such manner as they direct.

(7) Defendant shall contact defense counsel at least once a week.

(8) Defendant is further advised, pursuant to 18 U.S.C. § 922(n), it is
unlawful for any person who is under indictment for a crime punishable
by imprisonment for a term exceeding one year, to possess, ship or
transport in interstate or foreign commerce any firearm or ammunition
or receive any firearm or ammunition which has been shipped or
transported in interstate or foreign commerce.

(9) Defendant shall refrain from the use or unlawful possession of a
narcotic drug or other controlled substances defined in 21 U.S.C. § 802,
unless prescribed by a licensed medical practitioner in conformance
with Federal law. Defendant may not use or possess marijuana,
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ORDER - 3

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regardless of whether Defendant has been authorized medical
marijuana under state law.

(10) Defendant shall surrender any passport and enhanced driver’s license
to Pretrial Services and shall not apply for replacements and any travel
documents and/or passport for any country.
ADDITIONAL CONDITIONS OF RELEASE
(11) Defendant shall remain in the Eastern District of Washington while the
case is pending. Defendant may be permitted to travel outside this
geographical area with advance notice and approval from U.S.
Probation. Defendant may travel to the Western District of Washington
for any court related matters.

(12) Defendant shall have no contact whatsoever, direct or indirect, with any
persons Defendant knows or reasonably should know are or may
become a victim or potential witness in the subject investigation or
prosecution. Prohibited forms of contact include, but are not limited to,
telephone, mail, email, text, video, social media, and/or any contact
through any third person or parties. Pretrial Services may but is not
required to exempt specific named individuals from this prohibition,
including but not limited to immediate family members or co-workers.

(13) Defendant shall maintain or actively seek lawful employment.

(14) Refrain from any use of alcohol.

(15) There shall be no alcohol in the home where Defendant resides.

(16) Defendant shall not go to any establishment where alcohol is the
primary item of sale.

(17) Defendant shall undergo an drug and alcohol assessment and comply
with any treatment recommendations unless U.S. Probation is satisfied
with any other drug and alcohol assessment that has already been
completed. Defense counsel may move to modify this condition if it is
determined that Defendant does not need treatment.

(18) Defendant shall notify United States Probation/Pretrial Services Office
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ORDER - 4

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within 24 hours of any change in address, telephone number, or
employment.
If a party desires that another Court review this order pursuant to 18 U.S.C.
§ 3145, that party shall promptly file a motion for review before the district judge
to whom the case is assigned, as further described in the Detention Order Review
Protocol published for the Eastern District of Washington. Both parties shall
cooperate to ensure that the motion is promptly determined.
Pursuant to F. R. Crim. P. 5(f) and LCrR 16(a)(6), at arraignment or within
14 days thereafter, the Government is required to disclose evidence favorable to
the defendant and material to the defendant’s guilt or punishment to which
defendant is entitled pursuant to Brady v. Maryland, 373 U.S. 83 (1963) and its
progeny. This is a continuing duty for newly discovered evidence. LCrR 16(c).
Pursuant to F. R. Crim. P. 16(d)(2), failure to comply may result in an order
permitting the discovery or inspection; granting a continuance; or any other order
that is just under the circumstances (including sanctions, dismissal, exclusion of
evidence or witnesses).
IT IS SO ORDERED.
DATED March 27, 2023.

_____________________________________
JAMES A. GOEKE
UNITED STATES MAGISTRATE JUDGE

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