USA v. Breithaupt et al

PROB 12CReport Date: September 13, 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: Kimberlee S. KylesCase Number: 0980 2:22CR00133-TOR-14
Address of Offender: Spokane, Washington 99201
Name of Sentencing Judicial Officer: The Honorable Thomas O. Rice, U.S. District Judge
Date of Original Sentence: March 27, 2024
Original Offense: Unlawful Access to Stored Communications, 18 U.S.C. §§ 2701(a)(1), (b)(2)(A)
Original Sentence:Probation - 24 MonthsType of Supervision: Probation
Asst. U.S. Attorney:Daniel Hugo FruchterDate Supervision Commenced: March 27, 2024
Defense Attorney:Federal Public DefenderDate Supervision Expires: March 26, 2026
PETITIONING THE COURT
To issue a WARRANT.
On April 1, 2024, Ms. Kimberlee Kyles signed her conditions relative to case number 2:22CR00133-TOR-14,
indicating she 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
Standard Condition #13: You must follow the instructions of the probation officer related
to the conditions of supervision.
Supporting Evidence: Ms. Kyles is alleged to have violated standard condition number 13
by failing to report to the U.S. Probation Office as required on September 10 and 11, 2024.
Specifically, on September 10, 2024, Ms. Kyles was sent a text message and left a voice mail
on both her home phone and her cell phone, directing her to report to the U.S. Probation
Office on the day in question for random urinalysis testing. Ms. Kyles failed to report as
directed, and no response was received with respect to those messages left.
On September 11, 2024, unscheduled home contact was attempted with Ms. Kyles at her
personal residence in Spokane. Despite knocking on several occasions, no response was
received at the address and a business card was left in Ms. Kyles’ door jam directing her to
report to the U.S. Probation Office on the day in question and to contact the undersigned
officer as soon as possible. Ms. Kyles was again left voice mails on both her cell phone and
her home phone, directing her to report to the U.S. Probation Office. A text message was
FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
SEAN F. MCAVOY, CLERK
Sep 16, 2024
Case 2:22-cr-00133-ACE ECF No. 1185 filed 09/16/24 PageID.<pageID>
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Prob12C
Re: Kyles, Kimberlee S
September 13, 2024
Page 2
also again sent to the subject’s cell phone, outlining the same requirement. A neighbor who
was contacted near Ms. Kyles’ apartment indicated that he had not seen her at the address
in approximately 3 weeks. Ms. Kyles again failed to respond to the undersigned officer or
report as directed.
On September 12, 2024, Ms. Kyles’ mother was contacted telephonically, and she indicated
that she had also become increasingly concerned about her daughter, having not heard from
her in about 1 month, although she did indicate that Ms. Kyles does on occasion go periods
of time without contacting her. Later on September 13, 2024, the party did indicate that she
had found out through another contact that her daughter was at least safe, but she indicated
no other relevant information to share. Ms. Kyles’ mother denied knowing her daughter’s
location.
On September 13, 2024, unscheduled home contact was again attempted with Ms. Kyles at
her address of record, and the undersigned officer observed that the business card left by the
undersigned officer on September 11, 2024, remained located in her door jam. The
undersigned officer did attempt to contact Ms. Kyles on her home phone, and this officer
was able to hear the phone ring through an open window at the residence. Ms. Kyles was left
voice mail on her home phone and personal cell phone, again directing her to report to the
U.S. Probation Office and to contact the undersigned officer.
As of the date of this report, Ms. Kyles has failed to report to the U.S. Probation Office or
to contact the undersigned officer as directed and required. Ms. Kyles’ current circumstances
are therefore unknown to the U.S. Probation Office.
2
Special Condition #9: 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.
Supporting Evidence: Ms. Kyles is alleged to have violated special condition number 9 by
failing to report to the U.S. Probation Office on September 10, 2024, for the purpose of
urinalysis testing as directed.
Specifically, on September 10, 2024, Ms. Kyles was sent a text message and left a voice mail
on both her home phone and her cell phone, directing her to report to the U.S. Probation
Office on the day in question for random urinalysis testing. Ms. Kyles failed to report as
directed, and has since failed to respond to additional text messages and voice mails
directing her to both report to the U.S. Probation Office and to contact the undersigned
officer.
The U.S. Probation Office respectfully recommends the Court issue a WARRANT requiring the offender to appear
to answer to the allegation(s) contained in this petition.
Case 2:22-cr-00133-ACE ECF No. 1185 filed 09/16/24 PageID.<pageID>
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Case 2:22-cr-00133-ACE ECF No. 1185 filed 09/16/24 PageID.<pageID>
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