USA v. Breithaupt et al

PETITION/ORDER for Alleged Violation Number(s) 1-4 as to Alicia A Lopez (4) re Pretrial Release Violation. Signed by Judge Mary K. Dimke. (TR, Case Administrator)District Court WaedOct 28, 2022

Full text

O PS 8
(3/15)
UNITED STATES DISTRICT COURT
for
Eastern District of Washington
U.S.A. vs.
Lopez, Alicia A.Docket No.0980 2:22CR00133-TOR-4
Petition for Action on Conditions of Pretrial Release
COMES NOW Amber M. K. Andrade, PRETRIAL SERVICES OFFICER presenting an official report upon the
conduct of defendant Alicia A Lopez, 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.
Standard Condition #6: Defendant shall report to the United States Probation/Pretrial Services Office before or
immediately after release and shall report as often as they direct, at such times and in such manner as they direct.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS:
On October 4, 2022, the conditions of pretrial release supervision were reviewed with Ms. Alicia A. Lopez. She
acknowledged an understanding of the conditions, which included standard conditions number 8 and 6.
Violation #1: Ms. Lopez is alleged to have violated standard condition number 8 by consuming methamphetamine and
marijuana on or about October 2, 2022.
On October 4, 2022, Ms. Lopez reported to the U.S. Probation Office (USPO) for her initial intake with the assigned pre-trial
services officer. At that time, Ms. Lopez was subject to random urinalysis testing and provided a urine sample that was
presumptive positive for amphetamine, methamphetamine, benzodiazepines, and marijuana. The defendant signed an
admission of use form admitting to the use of methamphetamine and marijuana on or about October 2, 2022, but denied the
use of benzodiazepines.
The urine sample was sent to a laboratory for further review, and on October 12, 2022, it was confirmed that the sample was
in fact positive for amphetamine, methamphetamine, and marijuana.
Violations #2-4: Ms. Lopez is alleged to have violated standard condition number 6 by failing to report to the USPO on
October 11, 18 and 25, 2022, as instructed.
During her initial intake, on October 4, 2022, Ms. Lopez was instructed to contact the assigned pre-trial services officer on
a weekly basis. The defendant’s next check-in date was scheduled for October 11, 2022.
On October 11, 2022, Ms. Lopez failed to report as instructed and she made no attempt to contact the assigned officer.
The following week, on October 18, 2022, Ms. Lopez again failed to report as instructed. It should be noted that she made
no attempt to contact this officer on that date or during that week.
FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
SEAN F. MCAVOY, CLERK
Oct 28, 2022
Case 2:22-cr-00133-ACE ECF No. 280 filed 10/28/22 PageID.<pageID> Page
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PS-8
Re: Lopez,, Alicia A
October 28, 2022
Page 2
On October 25, 2022, Ms. Lopez failed to report as instructed. Once again, the defendant made no attempt to contact the
undersigned officer. On that same date, multiple attempts to contact Ms. Lopez were made, via phone call and text message,
however, she did not answer or respond. As of the writing of this report, Ms. Lopez’ whereabouts are unknown.
PRAYING THAT THE COURT WILL ORDER A WARRANT
I declare under the penalty of perjury
that the foregoing is true and correct.
Executed on:October 28, 2022
bys/Amber M. K. Andrade
Amber M. K. Andrade
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
10/28/2022
Case 2:22-cr-00133-ACE ECF No. 280 filed 10/28/22 PageID.<pageID> Page
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