USA v. Breithaupt et al

PS 8
(3/15)
UNITED STATES DISTRICT COURT
for
Eastern District of Washington
U.S.A. vs.
Preston, Mark A.Docket No.0980 2:22CR00133-TOR-16
Petition for Action on Conditions of Pretrial Release
COMES NOW Chris Heinen, PRETRIAL SERVICES OFFICER presenting an official report upon the conduct of
defendant Mark A Preston, who was placed under pretrial release supervision by the Honorable U.S. Magistrate Judge
Alexander C. Ekstrom, sitting in the Court at Spokane, Washington, on the 28th day of September 2022, under the following
conditions:
Standard Condition #8: Defendant shall refrain from 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, regardless of whether Defendant has been authorized medical marijuana
under state law.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS:
On September 30, 2022, the conditions of pretrial release supervision were reviewed with Mr. Mark A. Preston. He
acknowledged an understanding of his conditions, which included standard condition number 8.
Violation #1: Mr. Preston is alleged to have violated standard condition number 8 by ingesting methamphetamine,
previously occurring on or about December 7, 2022, based on urinalysis testing.
On December 7, 2022, Mr. Preston reported to Pioneer Human Services in Spokane, Washington, for random urinalysis
testing. Mr. Preston subsequently provided a urinalysis sample for testing that proved presumptive positive for both
methamphetamine and amphetamine. On December 8, 2022, a drug use denial form was received memorializing the client's
denial of any such use as indicated during testing. This urinalysis sample provided by Mr. Preston would later be discussed
with the client on a multitude of occasions to include most recently on December 27, 2022. Mr. Preston remains steadfast
in his denial of use in proximity to the December 7, 2022, urinalysis test.
On December 27, 2022, the lab report specific to the aforementioned sample was received by the undersigned officer in
which the sample was confirmed to be positive for both amphetamine and methamphetamine consistent with initial testing
results.
Violation #2: Mr. Preston is alleged to have violated standard condition number 8 by ingesting methamphetamine as
previously occurring on or about December 15, 2022, based on both urinalysis testing and his admission of such use. On
December 15, 2022, Mr. Preston reported to Pioneer Human Services and submitted to random urinalysis testing as required.
Mr. Preston provided a urinalysis sample for testing that reflected as being presumptive positive for amphetamine and
methamphetamine. On December 16, 2022, the undersigned officer received a drug use denial form in which the client
signed his name, denying any use of the substances as indicated during testing.
On December 20, 2022, telephonic contact was made with the client at which time he admitted to having relapsed on
methamphetamine as previously occurring on or about December 14, 2022. Mr. Preston indicated that the sample would
likely return as confirmed positive from the lab, and cited his associating with negative influences as the triggering event
for his behavior.
FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
SEAN F. MCAVOY, CLERK
Jan 06, 2023
Case 2:22-cr-00133-ACE ECF No. 446 filed 01/06/23 PageID.<pageID> Page
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PS-8
Re: Preston, Mark A.
December 28, 2022
Page 2
On December 27, 2022, the lab report specific to the aforementioned sample was received by the undersigned officer in
which the sample was confirmed to be positive for both amphetamine and methamphetamine consistent with initial testing
results and the client's admission of such use.
PRAYING THAT THE COURT WILL ORDER A SUMMONS
I declare under the penalty of perjury
that the foregoing is true and correct.
Executed on:December 28, 2022
bys/Chris Heinen
Chris Heinen
U.S. Pretrial Services 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
Signature of Judicial Officer
Date
X
X
1/6/23
Case 2:22-cr-00133-ACE ECF No. 446 filed 01/06/23 PageID.<pageID> Page
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