USA v. Breithaupt et al

PROB 12CReport Date: April 18, 2025
(6/16)
United States District Court
for the
Eastern District of Washington
Petition for Warrant or Summons for Offender Under Supervision
Name of Offender: Marcus S. HawkinsCase Number: 0980 2:22CR00133-TOR-19
Address of Offender: Greenacres, Washington 99037
Name of Sentencing Judicial Officer: The Honorable Thomas O. Rice, U.S. District Judge
Date of Original Sentence: September 13, 2023
Original Offense: Conspiracy to Commit Bank Fraud, 18 U.S.C. § 1349
Original Sentence:Prison - 9 months
TSR - 36 months
Type of Supervision: Supervised Release
Asst. U.S. Attorney:Earl Allan Hicks Date Supervision Commenced: January 10, 2025
Defense Attorney:Federal Defender’s Office Date Supervision Expires: January 9, 2028
PETITIONING THE COURT
To issue a summons.
On January 16, 2025, an officer reviewed the judgment with the offender. Mr. Hawkins signed the judgment
acknowledging an understanding of his conditions.
The probation officer believes that the offender has violated the following condition(s) of supervision:
Violation Number
1
Nature of Noncompliance
Special Condition #6: 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: It is alleged that Mr. Hawkins violated the conditions of his
supervised release by using marijuana and methamphetamine on or about March 16, 2025.
On March 18, 2025, Mr. Hawkins provided a urinalysis at Pioneer Human Services (PHS)
that tested presumptive positive for marijuana. On March 24, 2025, the undersigned spoke
with Mr. Hawkins via telephone and he readily admitted that he relapsed on
methamphetamine and marijuana on or about March 16, 2025.
2
Standard Condition #4: You must be truthful when responding to the questions asked by
your probation officer.
FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
SEAN F. MCAVOY, CLERK
Apr 21, 2025
Case 2:22-cr-00133-ACE ECF No. 1320 filed 04/21/25 PageID.<pageID>
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Prob12C
Re: Hawkins, Marcus S.
April 18, 2025
Page 2
Supporting Evidence: It is alleged that Mr. Hawkins violated the conditions of his
supervised release on or about April 10, 2025, by being dishonest with the undersigned in
respect to his living arrangements.
On April 10, 2025, the undersigned attempted to make contact with Mr. Hawkins at his last
reported residence. When speaking to the tenant of the apartment, it was revealed that Mr.
Hawkins has not in fact been residing at this residence for over the past “week or so” and
that he did not have any of his belongings there. The undersigned then spoke with Mr.
Hawkins who reported information contrary to the tenant about the frequency of him staying
at this apartment. On April 11, 2025, the undersigned again spoke with Mr. Hawkins and he
apologized about being deceitful in response to questions asked on April 10, 2025, regarding
his living arrangements.
3
Special Condition #6: 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: It is alleged that Mr. Hawkins violated the conditions of his
supervised release by using methamphetamine and marijuana on or about April 10, 2025.
On April 11, 2025, Mr. Hawkins provided a urinalysis that tested presumptive positive for
methamphetamine and marijuana, and he admitted to the undersigned, via a signed
document, that he last used these substances on or about April 10, 2025.
4
Special Condition #7: You must not enter into or remain in any establishment where alcohol
is the primary item of sale. You must abstain from all alcohol and must submit to urinalysis
and Breathalyzer testing as directed by the supervising officer, but no more than 6 tests per
month, in order to confirm continued abstinence from this substance.
Supporting Evidence: It is alleged that Mr. Hawkins violated the conditions of his
supervised release by consuming alcohol on or about April 15, 2025.
On April 16, 2025, Mr. Hawkins provided a urinalysis that tested presumptive positive for
alcohol. Thereafter, he admitted to a U.S. probation officer, via a signed document, that he
last consumed alcohol on or about April 15, 2025.
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:April 18, 2025
s/Jonathan C. Bot
Jonathan C. Bot
U.S. Probation Officer
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Case 2:22-cr-00133-ACE ECF No. 1320 filed 04/21/25 PageID.<pageID>
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