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
James A. Goeke, sitting in the Court at Spokane, Washington, on the 10th day of August 2023, under the following
conditions:
Standard Condition #9: Defendant shall refrain from the 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:
On August 16, 2023, the conditions of pretrial supervision were reviewed with Mr. Preston. He acknowledged an
understanding of his conditions, which included standard condition number 9.
Violation #1: Mark A. Preston is alleged to have violated standard condition number 9 by ingesting methamphetamine,
occurring on or about October 4, 2023, based on both urinalysis testing and his admission of such use.
Specifically, on October 4, 2023, the undersigned officer received a call from the contract urinalysis testing provider who
indicated that Mr. Preston had reported to their facility the previous day (October 3, 2023) and had provided a urinalysis
sample that tested negative for all substances, but further identified some concerns that arose during testing, to include the
client providing a very "clear" sample, and his making unusual and unnecessary movements during the testing process.
On October 4, 2023, Mr. Preston was contacted telephonically by the undersigned officer so that home contact could be
scheduled with him for the purpose of collecting another random urinalysis sample. Mr. Preston denied attempting to
circumvent urinalysis testing the day prior, and emphatically stated his current sobriety. Mr. Preston agreed to meet with
the undersigned officer at his place of residency on the day in question. Several minutes later, Mr. Preston again contacted
the undersigned officer and advised that he wanted to be honest with the undersigned officer, explaining he had used
methamphetamine earlier that day, having taken "two puffs" of the substance. Mr. Preston indicated that he did so to help
him complete a large work project and he did not think he would again be subject to urinalysis testing so soon.
On October 4, 2023, a scheduled home contact was conducted with Mr. Preston at his residence, but he proved unable to
submit to urinalysis testing. Mr. Preston did sign a drug use admission form serving to document his use of
methamphetamine occurring on October 4, 2023. On October 5, 2023, Mr. Preston reported to the U.S. Probation Office in
Spokane, as directed, and did provide a urinalysis sample for testing that proved presumptive positive for both amphetamine
and methamphetamine consistent with his admission.
PRAYING THAT THE COURT WILL ORDER A SUMMONS
FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
SEAN F. MCAVOY, CLERK
Oct 10, 2023
Case 2:22-cr-00133-ACE ECF No. 928 filed 10/10/23 PageID.<pageID> Page
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PS-8
Re: Preston, Mark A.
October 06, 2023
Page 2
I declare under the penalty of perjury
that the foregoing is true and correct.
Executed on:October 6, 2023
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
X
10/10/23
Case 2:22-cr-00133-ACE ECF No. 928 filed 10/10/23 PageID.<pageID> Page
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