USA v. Breithaupt et al

PROB 12CReport Date: February 3, 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: Chrystal M. Zarate-CruzCase Number: 0980 2:22CR00133-TOR-3
Address of Offender: Spokane, Washington 99201
Name of Sentencing Judicial Officer: The Honorable Thomas O. Rice, U.S. District Judge
Date of Original Sentence: October 18, 2023
Original Offense: Conspiracy to Commit Bank Fraud, 18 U.S.C. § 1349
Original Sentence:Prison - 52 days;
TSR - 36 months
Type of Supervision: Supervised Release
Asst. U.S. Attorney:Earl HicksDate Supervision Commenced: October 18, 2023
Defense Attorney:Federal Defenders OfficeDate Supervision Expires: October 17, 2026
PETITIONING THE COURT
To issue a summons.
On October 20, 2023, a supervision intake was completed. Ms. Zarate-Cruz signed a copy of her judgment
indicating an understanding of the conditions imposed by the Court.
The probation officer believes that the offender has violated the following condition(s) of supervision:
Violation Number
1
Nature of Noncompliance
Special Condition # 10: 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 Chrystal Zarate-Cruz violated the terms of her
supervised release by consuming a controlled substance, fentanyl, on or about January 24,
2025.
The undersigned officer had received information from a community member that Ms.
Zarate-Cruz may be distributing controlled substances from her residence, specifically
fentanyl.
On January 24, 2025, the offender reported and submitted to a urinalysis. The sample tested
presumptive positive for fentanyl. Ms. Zarate-Cruz denied use and the sample was sent to
the lab for additional testing. A lab report has since been received and confirmed a positive
presence for fentanyl.
FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
SEAN F. MCAVOY, CLERK
Feb 04, 2025
Case 2:22-cr-00133-ACE ECF No. 1251 filed 02/04/25 PageID.<pageID>
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Prob12C
Re: Zarate-Cruz, Chrystal M
February 3, 2025
Page 2
2
Standard Condition # 8: You must not communicate or interact with someone you know
is engaged in criminal activity. If you know someone has been convicted of a felony, you
must not knowingly communicate or interact with that person without first getting the
permission of the probation officer.
Supporting Evidence: It is alleged that Chrystal Zarate-Cruz violated the terms of her
supervised release by associating with an individual engaged in criminal activity, on or about
February 3, 2025.
On February 3, 2025, a search was conducted at Ms. Zarate-Cruz’s residence. Present in her
residence was her adult son who Ms. Zarate-Cruz admitted is an active user of fentanyl. She
also indicated he and his girlfriend were smoking the substance in her home that morning.
In addition, he had an outstanding warrant in relation to a domestic violence incident from
October 2024 which Ms. Zarate-Cruz is the victim. In addition there is an active no contact
order protecting Ms. Zarate-Cruz from her son. Also present was the girlfriend to the
offender’s son who was in possession of suspected methamphetamine and drug
paraphernalia.
3
Standard Condition #13: You must follow the instructions of the probation officer related
to the conditions of supervision.
Supporting Evidence: It is alleged that Chrystal Zarate-Cruz violated the terms of her
supervised release by allowing her son to reside in her home, on or about February 3, 2025.
On October 29, 2024, Spokane police responded to Ms. Zarate-Cruz’ residence in response
to a domestic violence call. It was reported that Ms. Zarate-Cruz’ son had been staying at
her apartment and on that day he assaulted her after she declined to give him money for
drugs. The offender’s son was arrested for domestic violence and a no contact order was
issued. That same day this officer advised her that she is prohibited from having him at her
residence until further notice.
The undersigned officer received information that Ms. Zarate-Cruz’s son has been residing
at her residence. On February 3, 2025, a search was conducted at her residence. Her son
was present at the time of our arrival. Although, Ms. Zarate-Cruz denied that he was
residing there, she did admit that he ha been staying there for several days and a significant
amount of his belongings were there. In addition, she had a second bed in the residence for
him to utilize, which had not been in the residence during previous home contacts.
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.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on:02/03/2025
s/Melissa Hanson
Melissa Hanson
U.S. Probation Officer
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