USA v. Breithaupt et al

AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 1

UNITED STATES DISTRICT COURT
Eastern District of Washington

UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE
v.
MARK A PRESTON

Case Number: 2:22-CR-0013 3-TOR-16

USM Num ber: 24007-510

Curra n C Dem psey

Defendant's Attorney

THE DEFENDANT:
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pleaded guilty to count(s) 1s of the Information Superseding Indictment (misd emea n or)
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pleaded nolo contendere to count(s)
which wa s a ccepted by the court.

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was found guilty on count(s) after a
plea of not guilty.

The defendant is a djudicated guilty of these offenses:
Title & Section / Nature of Offense Offense Ended Count
18 U.S.C. §§ 2701(a)(1),(b)(2)(A) - UNLAWFUL ACCESS TO STORED COMMUNICATIONS 07/31/2019 1s

The defendant is sentenced as provided in pages 2 through 5 of this judgment. The sentence is imposed pursuant to the
Sen ten cing Ref orm Act o f 1 984 .

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The defendant has been found not guilty on count(s)
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Count(s)
1, and 62-65 ☐ is ☒ are dismissed on the motion of the United States

It is ordered that the defendant must notify the United States attorney for this district within 30 days of any change of name, residence, or
mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If ordered to pay restitution,
the defendant must notify the court and United States attorney of material changes in economic circumstances.

1 /2 5 /2024
Date of Imposition of Judgment

Signature of Judge

The H o n orable Thomas O. Rice Judge, U.S. District Court
Name and Title of Judge
1 /2 5 /2024
Date

FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
SEAN F. MCAVOY, CLERK
Jan 25, 2024
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AO 245B (Rev. 09/19) Judgment in a Criminal Case Judgment -- Page 2 of 5
Sheet 4 - Probation

DEFENDANT: MARK A PRESTON
Case Number: 2:22-CR-00 133-TOR-16

PROBATION
You are hereby sentenced to probation for a term of: 3 years as to count 1s

MANDATORY CONDITIONS
You must not commit another federal, state or local crime.
You must not unlawfully possess a controlled substance, in clu din g m arij uana, wh ich remain s illega l u n d er f ederal la w.
You must refrain from any unlawful use of a controlled substance. You must submit to one drug test within 15 days of
relea se from imprisonment and at least two periodic drug tests thereafter, as determined by the court.

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The above drug testing condition is suspended, based on the court's determination that you
pose a low risk of future substance abuse. (check if applicable)
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You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)
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You must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C. § 20901, et

seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which

you reside, work, are a student, or were convicted of a qualifying offense. (check if applicable)
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You must participate in a n approved program for domestic violence. (check if applicable)
STANDARD CONDITIONS OF SUPERVISION
As part of your supervised release, you must comply with the following standard conditions of supervision. These conditions are
imposed b e ca
use they establish the basic expectations for your behavior while on supervision and identify the minimum tools needed
by probation officers to keep informed, report to the court about, and bring about improvements in your conduct and condition.

1. You must report to the p robation office in the federal j u d icial d ist rict wh ere y ou are authorized to resid e wit h in 72 hours of
your
relea se f rom im prisonment, unless the p robatio n o ff ic er instructs yo u to report to a dif ferent p robation office or wit h in
a different t ime
f ra me.
2. Af ter in it ia lly reporting to the probation office, y ou will receive in st ru ctio ns f rom the co urt or the p robation officer abou t
how and
when y ou m ust report to the p robation of ficer, and y ou m ust report to the probation officer as instructed.
3. You must not k no wingly lea ve the f ed era l j u dicial d ist rict where y ou are authorized to resid e with out f irst get tin g p e rm i s sio n
f rom the court or the probation officer.
4. You must be truthful when responding to the questions a sked by your p robation officer.
5. You must liv e at a p la ce app roved by the p robatio n of ficer. If y ou p la n to ch ange wh ere y ou liv e or a ny thin g a bout your
liv in g a rra n gemen ts (su ch as the p eople you liv e wit h ), you m ust n o tif y the p robation officer at least 10 d ays before the
change. If n otif yin g
the probation officer in a dvance is not possible due to u nant icipated circumstances, y ou m ust n o tif y the
probation officer wit h in 72 hours of b ecoming a wa r e of a change or expected chan ge.
6. You must a llo w the probation officer to v isit you at any t ime at your h ome or elsewhere, and y ou m ust p ermit the probation
officer to
ta ke any it ems prohibited by the co nditio ns of your su pervisio n that he or she o bserves in p la in v iew.
7. You must work f ull t im e (a t le a st 30 hours per week) at a la wful type of employment, unless the p robatio n o f fic er excuses
you f rom doing so. If you do n ot h ave f ull-t ime emplo yment y ou m ust try to f in d f ull-t im e emplo yment, u nless the
probation officer excuses you f rom doing so. If you p lan to change where y ou work or an ythin g a bout your work (such as
your position or your job respo nsib ilit ies), you m ust n ot if y the p robation officer at least 10 days before the chan ge. If
notifying the p robation officer at lea st 10 d a ys in a dvance is not p ossib le d ue to u nanticipated circumstances, you mu st
notify the p robation officer wit h in 72 hours of
b ecoming a wa r e of a change or e x pec t ed change.
8. You must not communicate or interact wit h someone you k now is en ga ged in crim inal a ctiv it y. If y ou k now someone has
been convicted of a f elon y, y ou must n ot knowingly commu nicate or interact wit h that person with out f irst getting the
p erm issio n of the p robatio n off icer.
9. If you are arrested or questioned by a la w e n forc emen t officer, y ou m ust n o tif y the probation officer wit h in 72 hours.
10. You must not own, possess, or h ave access to a f irearm, ammu nition, d estru ct ive device, or dangerous weapon (i.e.,
a n y thing that wa s d esign ed, or was m odif ied f or, the specific p u rpose of causing b odily injury or death to ano ther p erson
such as n u nchaku s or tasers).
11. You must not a ct or make any a gre ement wit h a la w e n forc ement agency to act as a con fid ent ial h uman so urce or in formant
without f irst getting the p ermission of the cou rt.
12. If t h is ju d gment im po se s restit ut ion , a f in e, or special assessment, it is a condition of sup ervised release that you pay in
a ccordance wit h the Schedule of Pa ymen ts sh ee t of t his ju dgment. You shall notify the p robation officer of any material
change in your economic circumstances that might affect your ability to pay any unpaid amount of restitution, fine, or special
a ssessments.
13. You must follow the instructions of the probation officer related to the conditions of supervision.
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AO 245B (R ev. 09/19) Judgment in a Criminal Case
Judgment -- P age 3 of 5
S heet 4D – Probation

DEFENDANT: MARK A PRESTON
Case Number: 2:22-CR-00 133-TOR-16

SPECIAL CONDITIONS OF SUPERVISION

1. You must not open, possess, use, or otherwise have access to any checking account, ATM card, or
credit card, without the advance approval of the supervising officer.

2. You must submit your person, residence, office, vehicle and belongings to a search, conducted by a
probation officer, at a sensible time and manner, based upon reasonable suspicion of contraband or
evidence of violation of a condition of supervision. Failure to submit to search is grounds for
revocation. You must warn persons with whom you share a residence that the premises may be subject
to search.

3. You must undergo substance abuse evaluations and, if indicated by a licensed/certified treatment
provider, enter into and successfully complete approved substance abuse treatment programs, 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.

4. You must abstain from the use of illegal controlled substances, and must submit to urinalysis and
sweat patch testing, as directed by the supervising officer, but no more than 6 tests per month, in order
to confirm continued abstinence from these substances.

U.S. Probation Office Use Only

A U.S. probation officer has instructed me on the conditions specified by the court and has provided me with a written copy of t h is
judgment containing these conditions. Fo r f u rther in f ormatio n rega rdin g th ese co nditio ns, see Overview of Probation and Supervised
Relea se Co nditio ns, a vaila ble a t: www.u scourts.gov.

Def en dan t's Sign a ture Da te

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AO 245B (R ev. 09/19) Judgment in a Criminal Case
Judgment -- P age 4 of 5
S heet 5 – Criminal Monetary Penalties

DEFENDANT: MARK A PRESTON
Case Number: 2:22-CR-00 133-TOR-16

CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.

Assessment Restitution Fine AVAA Assessment* JVTA Assessment**
TOTALS $25.00 $1,000.00 $.00 $.00 $.00

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The specia l a ssessment im p osed p ursuant to 1 8 U.S.C. § 3 0 1 3 is h ereb y rem itted p ursuant to 1 8 U.S.C. § 3573(1) because
rea sonable efforts to collect this a ssessment a re not likely to be effective a nd in the interests of justice.
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Th e d et ermin atio n o f rest it utio n is deferred until . An Amen d ed Jud gmen t in a Criminal Case (AO2 45C) will b e
entered after such determination.
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The defendant must make restitution (including community restitution) to the following payees in the amount listed below.

If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment,
unless specified otherwise in
the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(i), all nonfederal victims must be paid
before the United States is paid.

Name of Payee Total Loss*** Restitution Ordered Priority or Percentage

Spokane Teacher’s Credit Union $1000 $1000 1
st
in f u ll

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Restitu tio n amo unt o rdered p ursuant to p lea agreement $
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The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full
before the fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options on Sheet 6
may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).
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The court determined that the defendant does not have the ability to pay interest and it is ordered that:
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the interest requirement is wa ived for the
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f in e
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restitution
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the interest requirement for the
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f in e
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rest it u t io n is m o d ified as f ollo ws:

* A
my, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, Pub. L. No. 115-299.
** Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22
*** Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on or after
September 13, 1994, but before April 23, 1996.

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AO 245B (R ev. 09/19) Judgment in a Criminal Case
Judgment -- P age 5 of 5
S heet 6 – Schedule of Payments

DEFENDANT: MARK A PRESTON
Case Number: 2:22-CR-00 133-TOR-16

SCHEDULE OF PAYMENTS

Having assessed the defendant's a bilit y t o p ay, p ayment o f t h e t otal crim in al m o netary p enalt ies is d u e a s f ollo ws:

A
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Lump sum payments of $ 25.00 due immediately, balance due
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not later than , or
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in a ccordance with
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C,
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D,
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E, or
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F below; or
B
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Pa y ment to b egin im mediately (m ay b e comb ined with
☐
C,
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D, or
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F below); or
C
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Pa yment in equal (e.g., weekly, monthly, quarterly) in stallm ents o f $ over a period of

(e.g., months or years), to commence (e.g., 30 or 60 days) after the date of this judgment; or
D
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Pa yment in equal (e.g., weekly, monthly, quarterly) in st allm ents o f $ over a period of

(e.g., months or years), to commence (e.g., 30 or 60 days) a fter release from imprisonment to a
term of supervision; or
E
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Pa yment during the term of supervised release will commence within (e.g., 30 or 60 days) a fter release from
imprisonment. The court will set the payment plan based on an assessment of the defendant's ability to pay at that time; or
F
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Sp ecia l in st ru ctio ns rega rdin g t h e p ayment o f crim in al m onetary p enalt ies:

While on supervised release, monetary penalties are payable on a monthly basis of not less than $50.00 per month or 10% of the
defendant's net household income, whichever is larger, commencing 30 days after sen tencin g.

Unless the court has ex pressly o rd ered o th erwise, if t h is j u d gm ent im po ses im priso nment, p ayment o f crim in al m onetary p enalt ies is
due during imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons'
Inmate Financial Respo nsib ility Pro gram, a re made to the
f ollo win g a ddress u nt il m o netary p enalt ies are p aid in f u ll: Clerk , U.S.
Dist rict Court, Attention: Finance, P.O. Box 1493, Spokane, WA 99210-14 93.

The defendant shall receive credit for a ll pa yments previously made toward any criminal monetary penalties imposed.

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Joint a nd Several
1

Def en dan t a nd Co-Defen dan t Na mes a nd Case Nu mbers (including defendant number), To tal Am o unt, Jo in t a nd Several Am oun t,
a n d co rrespond ing p a yee, if a p prop riate.
An d rea Breithaupt; 2 2-CR-013 3-TOR-1 Joint and several $1,000
M ich elle Za t ; 2 2-CR-0 133-TOR-2 Joint and several $1,000

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The defendant shall pay the cost of prosecution.
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The defendant shall pay the following court cost(s):
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The defendant shall forfeit the defendant's interest in the following property to the United States:

Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) AVAA assessment (5) fine
principal, (6) fine interest, (7) community restitution, (8) JVTA assessment, (9) penalties, and (10) costs, including cost of prosecution and court
costs.

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