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In re Doan

United States District Court, E.D. Washington

December 29, 2017

Luyen V. Doan

          Asst. U.S. Attorney: Russell E. Smoot

          PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION

          The Honorable Edward F. Shea, Senior U.S. District Judge.

         PETITIONING THE COURT

         To issue a summons and to incorporate the violation(s) contained in this petition in future proceedings with the violation(s) previously reported to the Court on 09/26/2017 and 12/15/2017.

         The probation officer believes that the offender has violated the following condition(s) of supervision:

         Violation Number Nature of Noncompliance

         3 Standard Condition # 3: The defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer.

         Supporting Evidence: On November 7, 2014, Mr. Luyen Doan signed his conditions of supervision relative to case number 2:09CR00015-EFS-1, indicating that he understood all conditions as ordered by the Court. Specifically, Mr. Doan was made aware by his U.S. probation officer of the condition requiring that he answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer.

         On December 20, 2017, Mr. Doan violated the above-stated condition of supervision by failing to follow the instructions of the assigned probation officer. On that date, this officer attempted to contact Mr. Doan at his residence, but was unsuccessful. The undersigned officer's business card was left in the front door of the home with specific instructions written on the back for Mr. Doan to “contact me immediately.” As of this date, the offender has failed to contact this officer as instructed.

         On December 26, 2017, this officer also attempted to contact the offender via a phone call and text message as Mr. Doan had failed to contact the undersigned officer as instructed. Both attempts were unsuccessful. Subsequent attempts to contact him were also made via telephone, on December 27 and 28, 2018. On each occasion, the call was not answered and this officer was not allowed to leave a voice mail before the call was disconnected.

         4 Special Condition # 18: You must undergo a substance abuse evaluation and, if indicated by a licensed/certified treatment provider, enter into and successfully complete an approved substance abuse treatment program, 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.

         Supporting Evidence: On November 7, 2014, Mr. Luyen Doan signed his conditions of supervision relative to case number 2:09CR00015-EFS-1, indicating that he understood all conditions as ordered by the Court. Specifically, Mr. Doan was made aware by his U.S. probation officer of the condition requiring that he participate in and successfully complete an approved substance abuse treatment program.

         Mr. Doan violated the above-stated condition of supervision by failing to report for substance abuse treatment as instructed on December 20, 22 and 27, 2017.

         On December 13, 2017, this officer notified the offender that his treatment plan was being revised due to his recent drug use. Mr. Doan was advised that he would now be required to attend treatment three times per week. This officer instructed him to contact Pioneer Human Services (PHS) to obtain his updated treatment schedule, to which he responded that he would contact them “within the next 30 minutes.” On December 18, 2017, the offender met with his counselor at PHS for a one-on-one session. At that time, Mr. Doan was informed by his counselor that he was now required to attend treatment ...


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