USA v. Breithaupt et al

Case 2:22-cr-00133-ACE

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Report Date: May 14, 2025

PROB 12C
(6/16)

United States District Court
for the

# Eastern District of Washington

FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
May 15, 2025

SEAN F. MCAVOY, CLERK

# Petition for Warrant or Summons for Offender Under Supervision

Name of Offender: Mark A. Preston

Case Number: 0980 2:22CR00133-TOR-16

Address of Offender:
Spokane, Washington 99202

Name of Sentencing Judicial Officer: The Honorable Thomas O. Rice, U.S. District Judge

Date of Original Sentence: January 25, 2024

Original Offense:

Unlawful Access to Stored Communications, 18 U.S.C. § 2701(a)(1), (b)(2)(A)

Original Sentence:

Probation - 36 Months

Type of Supervision: Supervised Release

Revocation Sentence:

Prison - 8 Months;

(May 1, 2024)

TSR - 12 Months

Asst. U.S. Attorney:

Earl Allan Hicks

Date Supervision Commenced: September 6, 2024

Defense Attorney:

Ryan Mark Farrell

Date Supervision Expires: September 5, 2025

## PETITIONING THE COURT

To incorporate the violation(s) contained in this petition in future proceedings with the violation(s) previously
reported to the Court on 04/09/2025 and 05/06/2025.

On September 10, 2024, Mr. Mark Preston signed his conditions relative to case number 2:22CR00133-TOR-16,
indicating that he understood all conditions as ordered by the Court.

The probation officer believes that the offender has violated the following condition(s) of supervision:

Violation Number
Nature of Noncompliance

4
Standard Condition #13: You must follow the instructions of the probation officer related
to the conditions of supervision.

Supporting Evidence: Mr. Preston is alleged to have violated standard condition number
13 by failing to report to the U.S. Probation Office on May 9, 2025, as directed.

Specifically, on May 8, 2025, at 3:06 p.m., the undersigned officer sent a text message to Mr.
Preston directing him to report to the U.S. Probation Office on May 9, 2025, at 9 a.m., for
the purpose of random urinalysis testing. Mr. Preston failed to report as directed.

On May 9, 2025, at 9:21 a.m., Mr. Preston was sent a text message inquiring as to his status,
given his failure to report as directed. At 9:43 a.m., Mr. Preston responded using text
messaging, apologizing and advising that he had left his phone in the company truck

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Prob12C
Re: Preston, Mark A.
May 14, 2025

yesterday. Mr. Preston indicated he was "on his way." At 11:51 a.m., Mr. Preston sent a text
message to the undersigned officer advising that he was outside but "scared to come in" as
he knew he was getting arrested. Mr. Preston was again directed to report as instructed, and
while he acknowledged his receipt of the directive, he again failed to report.

Mr. Preston has since failed to contact the undersigned officer, and his current circumstances
are unknown to the U.S. Probation Office.

The U.S. Probation Office respectfully recommends the Court to incorporate the violation(s) contained in this petition
in future proceedings with the violation(s) previously reported to the Court.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on:

May 14, 2025

s/Chris Heinen

Chris Heinen
U.S. Probation 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

[

Thomas O. Rice

Thomas O. Rice
United States District Judge
May 15, 2025

Date