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 #3: Mr. Preston is alleged to have violated standard condition number 8 by ingesting methamphetamine,
previously occurring on or about December 22, 2022, based on urinalysis testing.
On December 22, 2022, Mr. Preston reported to the U.S. Probation Office in Spokane, as directed, to submit to urinalysis
testing among other committed obligations. Mr. Preston subsequently provided a urinalysis sample for testing that proved
presumptive positive for both methamphetamine and amphetamine. Mr. Preston denied any use of any illicit substance as
having occurred since December 14, 2022, consistent with the client's previous report of use as outlined in the petition for
summons dated December 28, 2022. Mr. Preston signed a drug use denial form serving to document his denial. The sample
was packaged and forwarded to the lab for verification.
On January 3, 2023, the lab report specific to Mr. Preston's urinalysis sample submitted on December 22, 2022, was received
by the U.S. Probation Office, in which the report confirmed the sample as being positive for both methamphetamine and
amphetamine as initially indicated. On January 4, 2023, Mr. Preston was contacted telephonically at which point he remained
resolute in his denial of ingesting illicit substances since on or about December 14, 2022, as previously stated.
PRAYING THAT THE COURT WILL INCORPORATE THE ABOVE VIOLATION WITH VIOLATION(S)
PREVIOUSLY REPORTED TO THE COURT
FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
SEAN F. MCAVOY, CLERK
Jan 10, 2023
Case 2:22-cr-00133-ACE ECF No. 447 filed 01/10/23 PageID.<pageID> Page
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PS-8
Re: Preston, Mark A.
January 9, 2023
Page 2
I declare under the penalty of perjury
that the foregoing is true and correct.
Executed on:January 9, 2023
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
1/10/23
Case 2:22-cr-00133-ACE ECF No. 447 filed 01/10/23 PageID.<pageID> Page
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