USA v. Breithaupt et al

ORDER - 1

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

UNITED STATES OF AMERICA,

Plaintiff,

v.

MARK A. PRESTON,

Defendant.

No. 2:22-CR-00133-TOR-16

ORDER FOLLOWING
DETENTION REVIEW
HEARING

MOTIONS GRANTED
(ECF Nos. 475, 476, 480)

On February 16, 2023, the Court held a Detention Review Hearing for
GEORGE EDWARD DYKSTRA, Jr. Defendant appeared while out of custody
with court-appointed counsel Curran Dempsey. Assistant U.S. Attorney Earl
Hicks represented the United States. U.S. Probation Officer Chris Heinen was also
present.
The Court has reviewed the Supplemental Pretrial Services Report, ECF
No. 478; Defendant’s Motion to Modify Conditions of Release, ECF No. 475; and
Defendant’s Motion to Expedite ECF No. 476.
The United States noted it’s agreement with Defendant remaining released
but requested an additional condition of pretrial release requiring a mental health
assessment. The United States also moved to strike the pending pretrial Violation
Nos. 1-3 due to Defendant’s successful completion of inpatient treatment, ECF
No. 480.
U.S. Probation Officer, Chris Heinen, addressed the Court and agreed with
Defendant remaining released. Defendant also addressed the Court.
FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
SEAN F. MCAVOY, CLERK
Feb 17, 2023
Case 2:22-cr-00133-ACE ECF No. 482 filed 02/17/23 PageID.<pageID> Page
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ORDER - 2

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Accordingly, IT IS ORDERED:
1. Defendant’s Motion to Modify Conditions of Release, ECF No. 475,
is GRANTED.
2. Defendant’s Motion to Expedite, ECF No. 476, is GRANTED.
3. The United States’ Motion to Dismiss Pending Violation Nos. 1-3,
ECF No. 480, is GRANTED.
4. Defendant is released on the previously ordered conditions of pretrial
supervision and the additional conditions that he appear for all hearings and that he
remains in contact with his counsel and that he abide by the following additional
conditions:
a) The Court strikes Conditions Nos. 12 and 17 in the Order
Following Revocation of Pretrial Release Hearing, ECF No. 469, and imposes the
following conditions:
(1) Defendant shall participate in an outpatient substance
abuse treatment program as recommended by his
treatment provider and/or U.S. Probation.

(2) Defendant shall reside with his father and may not change
residence without prior approval from Pretrial Services.

(3) Defendant shall successfully complete and participate in a
mental health assessment and follow all treatment
recommendations per that assessment.
5. The Pretrial Release Revocation Hearing currently scheduled for
February 21, 2023, at 1:30 p.m. in STRICKEN.
IT IS SO ORDERED.
DATED February 17, 2023.

_____________________________________
JAMES A. GOEKE
UNITED STATES MAGISTRATE JUDGE
Case 2:22-cr-00133-ACE ECF No. 482 filed 02/17/23 PageID.<pageID> Page
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