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:
Violation #1: Mr. Mark A. Preston is alleged to have violated standard condition number 8 by ingesting marijuana,
previously occurring on or about September 28, 2022, based on his admission of such use, and by ingesting
methamphetamine, previously occurring on or about October 3, 2022, based on laboratory testing.
On September 30, 2022, the conditions of pretrial release supervision were reviewed with Mr. Preston. He acknowledged
an understanding of his conditions, which included standard condition number 8.
Specifically, on September 30, 2022, Mr. Preston reported to the U.S. Probation Office in Spokane, as directed to participate
in his intake for supervised release services. As a part of the contact, Mr. Preston admitted to previously ingesting marijuana
on or about September 28, 2022, stating that he had last used the substance after his release from the Spokane County Jail,
as ordered by the Court. Mr. Preston has since amended the statement to clarify that he in fact last used the substance prior
to his arrest on the morning of September 28, 2022, and he has not used after release as previously indicated.
As a part of his intake, Mr. Preston was advised that he would be required to submit to urinalysis testing. Mr. Preston was
subsequently provided approximately 2 1/2 hours to submit to testing, after which he indicated he was unable to do so,
stating that he had used the restroom prior to reporting for his intake. Mr. Preston was again directed to report back to the
U.S. Probation Office on October 3, 2022, for subsequent testing.
On October 3, 2022, Mr. Preston reported as directed and subsequently submitted a urinalysis sample that tested presumptive
positive for methamphetamine. Mr. Preston denied any use of the substance and the sample was sent to the contract
laboratory for confirmation.
On October 6, 2022, a scheduled home contact was conducted with Mr. Preston at which time his history of drug use was
further discussed with him. As a part of the contact, Mr. Preston subsequently admitted to a past history of methamphetamine
use, and indicated that his most recent use of the substance had occurred several weeks prior.
On October 11, 2022, the lab report specific to the urinalysis sample submitted by Mr. Preston on October 3, 2022, was
received by the U.S. Probation Office in which the sample was confirmed to be positive for both amphetamine and
methamphetamine. Mr. Preston was contacted telephonically at which time he indicated having used the substance on or
about the morning of September 28, 2022, prior to his arrest.
FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
SEAN F. MCAVOY, CLERK
Oct 12, 2022
FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
SEAN F. MCAVOY, CLERK
Oct 12, 2022
Case 2:22-cr-00133-ACE ECF No. 198 filed 10/12/22 PageID.<pageID> Page
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PS-8
Re: Preston, Mark A.
October 11, 2022
Page 2
Mr. Preston again sought to amend his previous statement to the undersigned officer, indicating that he had used the
substance several days before meeting with this officer for his intake, as opposed to the several week time line previously
provided. Mr. Preston indicated that he had suspected he may be positive for methamphetamine, which is why he had stalled
during testing on September 30, 2022.
As a result of Mr. Preston's conduct as outlined, he was reprimanded for both his use of an illegal controlled substance, as
well as his clear and apparent lack of transparency. The parties did collaboratively discuss the negative impact that such
behavior would have regarding both his personal goals, as well as his current pretrial supervision, should the identified
behaviors continue. Mr. Preston has been referred for both random urinalysis testing with the contract provider, as well as
for a full chemical dependency assessment to determine needed services.
PRAYING THAT THE COURT WILL ORDER NO ACTION AT THIS TIME
I declare under the penalty of perjury
that the foregoing is true and correct.
Executed on:October 11, 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
10/12/22
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