USA v. Breithaupt et al

PETITION/ORDER for Alleged Violation Numbers 1-4 as to Alicia A Lopez (4) re Supervised Release Violation. Signed by Judge Thomas O. Rice. (REM, Case Administrator)District Court Waed3 juil. 2024

Texte intégral

PROB 12CReport Date: July 3, 2024
(6/16)
United States District Court
for the
Eastern District of Washington
Petition for Warrant or Summons for Offender Under Supervision
Name of Offender: Alicia A. LopezCase Number: 0980 2:22CR00133-TOR-4
Address of Offender: Spokane, Washington 99208
Name of Sentencing Judicial Officer: The Honorable Thomas O. Rice, U.S. District Judge
Date of Original Sentence: June 29, 2023
Original Offense: Conspiracy to Commit Bank Fraud, 18 U.S.C. § 1349
Original Sentence:
Revocation Sentence:
(February 7, 2024)
Prison - 6 months
TSR - 36 months
Prison - 6 months
TSR - 30 months
Type of Supervision: Supervised Release
Asst. U.S. Attorney:Earl Allan HicksDate Supervision Commenced: June 25, 2024
Defense Attorney:Matthew F. Duggan Date Supervision Expires: December 24, 2026
PETITIONING THE COURT
To issue a warrant.
On June 25, 2024, an officer with the U.S. Probation Office in Spokane, Washington, reviewed a copy of the
conditions of supervision with Alicia Lopez, as outlined in the judgment and sentence. She signed a copy
acknowledging the requirements.
The probation officer believes that the offender has violated the following condition(s) of supervision:
Violation Number
1
Nature of Noncompliance
Special Condition #6: You must undergo a substance abuse evaluation and, if indicated by
a licensed/certified treatment provider, enter into and successfully complete an approved
substance abuse treatment program, which could include inpatient treatment and aftercare
upon further order of the Court. You must contribute to the cost of treatment according to
your ability to pay. You must allow full reciprocal disclosure between the supervising officer
and treatment provider.
Supporting Evidence: On or about July 1, 2024, Alicia Lopez allegedly violated special
condition number 6 by failing to schedule a substance abuse assessment as instructed.
During her initial intake, on June 25, 2024, this officer reviewed the applicable conditions
of supervision with the offender, to include the condition which requires her to undergo a
substance abuse evaluation. As such, Ms. Lopez was instructed to contact Pioneer Human
Services (PHS) to schedule a substance abuse assessment; she was further instructed to
provide this officer with the date and time of that assessment once it was scheduled, and she
confirmed that she understood.
FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
SEAN F. M
CAVOY, CLERK
Jul03,2024
Case 2:22-cr-00133-ACE ECF No. 1200 filed 07/03/24 PageID.<pageID>
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Prob12C
Re: Lopez, Alicia A
July 3, 2024
Page 2
On July 1, 2024, Ms. Lopez was contacted at her residence for the purpose of conducting an
initial home inspection. During that visit the offender was asked about her drug assessment
and she claimed she “had forgotten to get that scheduled.” She was subsequently instructed
to contact PHS by July 2, 2024, to schedule an assessment.
As of the writing of this report, the offender has still not scheduled a substance abuse
assessment.
2
Special Condition #4: You must complete a mental health evaluation and follow any
treatment recommendations of the evaluating professional which do not require forced or
psychotropic medication and/or inpatient confinement, absent further order of the court. You
must allow reciprocal release of information between the supervising officer and treatment
provider. You must contribute to the cost of treatment according to your ability to pay.
Supporting Evidence: On or about July 1, 2024, Alicia Lopez allegedly violated special
condition number 4 by failing to schedule a mental health assessment as instructed.
During her initial intake, on June 25, 2024, this officer reviewed the applicable conditions
of supervision with the offender, to include the condition which requires her to undergo a
mental health evaluation. As such, Ms. Lopez was instructed to contact PHS to schedule a
mental health assessment; she was further instructed to provide this officer with the date and
time of that assessment once it was scheduled, and she confirmed that she understood.
On July 1, 2024, Ms. Lopez was contacted at her residence for the purpose of conducting an
initial home inspection. During that visit the offender was asked about her mental health
assessment and she claimed “she had forgotten to get that scheduled.” She was subsequently
instructed to contact PHS by July 2, 2024, to schedule an assessment.
As of the writing of this report, the offender has still not scheduled a mental health
assessment.
3
Standard Condition #2: After initially reporting to the probation office, you will receive
instructions from the Court or the probation officer about how and when to report to the
probation officer, and you must report to the probation officer as instructed.
Supporting Evidence: On July 1, 2024, Alicia Lopez allegedly violated standard condition
number 2 by failing to report as instructed.
On July 1, 2024, Ms. Lopez was contacted at her residence for the purpose of conducting an
initial home inspection. After the home inspection had been conducted, the offender was
instructed to report to the U.S. Probation Office by 2 p.m. that day, for random urinalysis
testing.
When she failed to report as instructed, this officer made multiple attempts to contact the
offender, but she did not answer or respond.
4
Standard Condition #2: After initially reporting to the probation office, you will receive
instructions from the Court or the probation officer about how and when to report to the
probation officer, and you must report to the probation officer as instructed.
Supporting Evidence: On July 2, 2024, Alicia Lopez allegedly violated standard condition
number 2 by failing to report as instructed.
Case 2:22-cr-00133-ACE ECF No. 1200 filed 07/03/24 PageID.<pageID>
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Case 2:22-cr-00133-ACE ECF No. 1200 filed 07/03/24 PageID.<pageID>
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