USA v. Breithaupt et al

PROB 12CReport Date: March 7, 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: Mark A. PrestonCase 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 MonthsType of Supervision: Probation
Asst. U.S. Attorney:Earl Allan HicksDate Supervision Commenced: January 25, 2024
Defense Attorney:Curran C. DempseyDate Supervision Expires: January 24, 2027
PETITIONING THE COURT
To issue a SUMMONS.
On January 30, 2024, Mr. Mark A. 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
1
Nature of Noncompliance
Mandatory Condition #3: You must refrain from any unlawful use of a controlled
substance. You must submit to one drug test within 15 days of release from imprisonment
and at least two periodic drug tests thereafter, as determined by the court.
Supporting Evidence: Mr. Preston is alleged to have violated mandatory condition number
3 by testing positive for methamphetamine during urinalysis testing with the contract
provider, occurring on February 27, 2024.
Specifically, on February 27, 2024, Mr. Preston reported to the U.S. Probation Office’s
contract urinalysis testing provider for the purpose of random urinalysis testing. Mr. Preston
subsequently submitted a urinalysis sample for testing that reflected presumptive positive
for methamphetamine. Mr. Preston denied any such use, as indicated by the test, and on
February 28, 2024, a signed drug use denial form was received by the undersigned officer
in which Mr. Preston signed his name, memorializing his denial. The sample was packaged
and forwarded to the lab for confirmation.
FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
SEAN F. M
CAVOY, CLERK
Mar08,2024
Case 2:22-cr-00133-ACE ECF No. 1064 filed 03/08/24 PageID.<pageID>
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Prob12C
Re: Preston, Mark A.
March 7, 2024
Page 2
On March 7, 2024, the lab report specific to Mr. Preston’s urinalysis from February 27,
2024, was received by the undersigned officer, which confirmed the client’s submitted
sample as positive for methamphetamine. Mr. Preston was subsequently contacted by the
undersigned officer at which time the client maintained he had not used methamphetamine
as determined during laboratory testing.
The U.S. Probation Office respectfully recommends the Court issue a SUMMONS requiring the offender to appear
to answer to the allegation(s) contained in this petition.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on:March 7, 2024
s/Chris Heinen
Chris Heinen
U.S. Probation Officer
THE COURT ORDERS
[ ]No Action
[ ]The Issuance of a Warrant
[ ]The Issuance of a Summons
[ ]Other
Thomas O. Rice
United States District Judge
Date
X
March 8, 2024
ThommmmaaasaORice
Case 2:22-cr-00133-ACE ECF No. 1064 filed 03/08/24 PageID.<pageID>
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