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In re Redthunder

United States District Court, E.D. Washington

January 19, 2018

Alex Redthunder

          Asst. U.S. Attorney: Farl Allan Hicks

          PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION

          THE HONORABLE JUSTIN L, QUACKENBUSH, SENIOR U.S. DISTRICT JUDGE

         PETITIONING THE COURT

         To issue a summons.

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

Violation Number Nature of Noncompliancc
1 Special Condition #1:You must reside in a residential reentry center (RRG) for a period up to 180 days at the direction lb the supervising officer. Your participation in the programs offered by the RRC is limited to employment, education, treatment, and religious services at the direction of the supervising officer. The defendant shall abide by the rules and requirements of the facility.
Supporting Evidence: On December4, 2017, Mr. Redthunder reported to the U.S. Probation Office. He was given a copy of his judgement and his conditions of supervision were explained to him. Mr. Redthunder signed his judgement reflecting he understood all of his conditions.
On January 15, 2017, Mr. Redthunder was in direct violation of special condition 1 by being terminated from the RRC. Allegedly, Mr. Redthunder returned to the RRC and he was directed to submit to a urine lest. Mr. Redthunder supplied a very dilute urine sample, and was directed lo supply a second sample. A diluted urine sample generally means the test will not read accurately due to the subject drinking loo many fluids before the test.
Mr. Redthunder supplied a second urine sample, but it was also very dilute. After the second test he was told by staff thai lie would need to wail an hour and supply a third sample, Mr. Redthunder went back to his room and refused to supply the third sample. Due to this choice, Mr. Redthunder was terminated from the RRC ihat night.
2 Special Condition #4: The defendant shall abstain from the use of illegal controlled substances, and shall submit to urinalysis testing 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: On December 4, 2017, Mr. Redthunder reported to the U.S. Probation Office. He was given a copy of his judgement and his conditions of supervision were explained to him. Mr. Redthunder signed his judgement reflecting he understood all of his conditions.
On January 16, 2018, Mr. Redthunder was in direct violation of special condition 21 by using an illegal controlled substance. Mr. Redthunder was directed to report to the U.S. Probation Office to discuss being terminated from the RRC due to not supplying a valid urine sample. Mr. Redthunder reported as directed on January 16, 2018, and was asked to supply a urine sample.
Mr. Redthunder provided a urine sample which tested presumptive positive for methamphetamine. He disclosed he used methamphetamine on January 14, 2018. He signed a drug use admission form reflecting his illegal drug use.
3 Special Condition #4: The defendant shall abstain from the use of illegal controlled substances, and shall submit to urinalysis testing 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: On December 4, 2017, Mr. Redthunder reported to the U.S. Probation Office. He was given a copy of his judgement and his conditions of supervision were explained to him. Mr. Redthunder signed his judgement reflecting he understood all of his conditions.
On January 11, 2018, Mr. Redthunder was in direct violation of special condition 21 by failing to supply a random urine sample at Pioneer Human Services (PHS).
Due to Mr. Redthunder's past drug use, he was referred to our urine testing hotline. He was directed to call every day and listen for the color "BROWN2." If the color "BROWN2" is called, he was directed to supply a urine sample that same day.
On January 11, 2018, the color "BROWN2" was called and Mr. Redthunder failed to report as directed to supply a random urine sample at PHS. He was directed to report to the United States Probation Office on January 12, 2018, to supply a urine sample. He failed to report to supply a urine sample as directed.

         The U.S. Probation Office respectfully recommends the Court issue a summons requiring the offender to appear to answer to the allegations) contained in this petition.

         I declare under penalty of perjury that the foregoing is true and correct.

         Joshua D. Schull U.S. Probation Officer

         THE COURT ORDERS

         [ ] No Action

         [ ] The Issuance of a Warrant

         [X| The ...


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