USA v. Breithaupt et al

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

UNITED STATES OF AMERICA,

Plaintiff,

v.

KIMBERLEE S. KYLES ,

Defendant.
Nos. 2:22-CR-0133-TOR-14

ORDER MODIFYING
ORDER TEMPORARILY
RELEASING DEFENDANT
TO INPATIENT SUBSTANCE
ABUSE TREATMENT

MOTION GRANTED
(ECF NO. 1227)

On December 18, 2024, the Court held a detention review hearing to
consider KIMBERLEE S. KYLES’ Motion for Release to Community. ECF
No. 1227. Defendant appeared out of custody represented by Assistant Federal
Defender Joel Baumann. Assistant U.S. Attorney Earl Hicks represented the
United States. U.S. Probation Officer Chris Heinen was also present.
Specifically, Defendant sought release to Defendant’s residence to attend
intensive-outpatient treatment through Spokane Addiction Recovery Centers
(SPARC), following her graduation from inpatient treatment on December 20,
2024. The United States did not oppose Defendant’s release plan and U.S.
Probation did oppose Defendant’s release plan.
The Court reviewed and considered Defendant’s Motion for Furlough, ECF
No. 1227; the case file; and, the proffers and arguments of counsel. “[Federal Rule
of Criminal Procedure] 32.1(a)(6) governs release pending a hearing on a violation
FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
SEAN F. MCAVOY, CLERK
Dec 23, 2024
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of probation or supervised release.” Fed. R. Crim. P. 46(d). Pursuant to Fed. R.
Crim. P. 32.1, the Court may release or detain a defendant under 18 U.S.C. §
3143(a) pending further proceedings. Fed. R. Crim. P. 32.1(a)(6). Defendant
bears the burden of establishing by clear and convincing evidence that Defendant
is not a risk of flight or a danger to any other person or the community. Id.; see
also 18 U.S.C. § 3143(a). The Court has also considered: 1) the nature and
circumstances of Defendant’s alleged probation violations; 2) the weight of the
evidence against Defendant; 3) Defendant’s history and characteristics, including
character, physical and mental condition, family ties, employment, financial
resources, length of residence in the community, community ties, past conduct and
history relating to alcohol and drug abuse, and also criminal history, record
concerning appearance at court proceedings, and Defendant’s supervision at the
time of the alleged violation; and, 4) the nature and seriousness of the danger to the
community posed by Defendant’s release. See 18 U.S.C. § 3142(g).
The Court finds pursuant to 18 U.S.C. § 3143(a) by clear and convincing
evidence that the temporary release conditions imposed in this Order are a
sufficient combination of conditions that will reasonably assure Defendant’s
appearance at future proceedings and a sufficient combination of conditions that
will reasonably assure the safety of other persons and the community if Defendant
is released. The Court further finds that the United States affirmatively agrees that
Defendant’s release plan and the temporary release conditions imposed in this
Order are sufficient to reasonably assure Defendant’s future appearance and
reasonably protect the community.
Accordingly, the Court finding good cause, IT IS ORDERED:
1.
Defendant’s Motion, ECF No. 1227 is GRANTED. Pursuant to 18
U.S.C. § 3143(a), Defendant shall be released to reside at her home following her
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successful completion of inpatient substance abuse treatment on December 20,
2024.
2. All of the previously imposed conditions of Defendant’s probation are
expressly reimposed under 18 U.S.C. § 3142(c), pursuant to this Court’s authority
to grant pre-revocation hearing release under Federal Rule of Criminal Procedure
32.1(a)(6) and 18 U.S.C. § 3143(a)(1).

3. The release conditions imposed in the Court’s prior Order
Temporarily Releasing Defendant to Inpatient Substance Abuse Treatment, ECF
No. 1210, shall remain in full force and effect, except that Condition No. 4 is
modified to permit Defendant to reside at her residence as set forth in this Order.
IT IS SO ORDERED.
DATED December 23, 2024.

_____________________________________
JAMES A. GOEKE
UNITED STATES MAGISTRATE JUDGE

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