USA v. Breithaupt et al

PROB 12CReport Date: January 13, 2025
(6/16)
United States District Court
for the
Eastern District of Washington
Petition for Warrant or Summons for Offender Under Supervision
Name of Offender: Kimberlee S. KylesCase Number: 0980 2:22CR00133-TOR-14
Address of Offender: , Spokane, Washington 99201
Name of Sentencing Judicial Officer: The Honorable Thomas O. Rice, U.S. District Judge
Date of Original Sentence: March 27, 2024
Original Offense: Unlawful Access to Stored Communications, 18 U.S.C. § 2701(a)(1), (b)(2)(A)
Original Sentence:Probation - 24 MonthsType of Supervision: Probation
Asst. U.S. Attorney:Daniel Hugo FruchterDate Supervision Commenced: March 27, 2024
Defense Attorney:Joel Anand BaumannDate Supervision Expires: March 26, 2026
PETITIONING THE COURT
To incorporate the violation(s) contained in this petition in future proceedings with the violation(s) previously
reported to the Court on 09/13/2024.
On April 1, 2024, Ms. Kimberlee Kyles signed her conditions relative to case number 2:22CR00133-TOR-14,
indicating she understood all conditions as ordered by the Court.
The probation officer believes that the offender has violated the following condition(s) of supervision:
Violation Number
3
4
Nature of Noncompliance
Mandatory Condition #3: You must refrain from any unlawful use of a controlled
substance. You must submit to one drug test within 15 days of release from imprisonment
and at least two periodic drug tests thereafter, as determined by the court.
Special Condition #8: You must not enter into or remain in any establishment where alcohol
is the primary item of sale. You must abstain from all alcohol and must submit to urinalysis
and Breathalyzer testing as directed by the supervising officer, but no more than 6 tests per
month, in order to confirm continued abstinence from this substance.
Supporting Evidence: Ms. Kyles is alleged to have violated mandatory condition number
3 and special condition number 8 by ingesting both methamphetamine and alcohol,
previously occurring on or about January 4, 2025, based on both urinalysis testing and her
own admission of such use.
Specifically, on January 9, 2025, Ms. Kyles reported to the U.S. Probation Office in Spokane
for the purpose of urinalysis testing. She submitted to urinalysis testing as directed, and the
FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
SEAN F. M
CAVOY, CLERK
Jan 14, 2025
Case 2:22-cr-00133-ACE ECF No. 1236 filed 01/14/25 PageID.<pageID>
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Prob12C
Re: Kyles, Kimberlee S.
January 13, 2025
Page 2
sample tested presumptive positive for methamphetamine. When confronted as to the test
result by the testing officer, Ms. Kyles denied any use of the substance. The sample was
packaged and forwarded for laboratory verification based on Ms. Kyles’ denial.
Ms. Kyles then met with the undersigned officer and maintained her position of continued
sobriety. Ms. Kyles was advised that should the submitted urinalysis sample return
confirmed positive for methamphetamine from the laboratory that she would be severely
limiting the undersigned officer’s ability to assist her while on probation. Ms. Kyles then
admitted to drinking two Modelo beers on January 4, 2025, while with family, which she
stated then contributed to her use of methamphetamine on that same date.
Ms. Kyles did sign a use admission form, serving to document her use of both alcohol and
methamphetamine, previously occurring on or about January 4, 2025.
The U.S. Probation Office respectfully recommends the Court to incorporate the violation(s) contained in this petition
in future proceedings with the violation(s) previously reported to the Court.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on:January 13, 2025
s/Chris Heinen
Chris Heinen
U.S. Probation Officer
THE COURT ORDERS
[ ]No Action
[ ]The Issuance of a Warrant
[ ]The Issuance of a Summons
[ ]The incorporation of the violation(s) contained in this
petition with the other violations pending before the
Court.
[ ]Defendant to appear before the Judge assigned to the
case.
[ ]Defendant to appear before the Magistrate Judge.
[ ]Other
Thomas O. Rice
United States District Judge
Date
X
X
January 14, 2025
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