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In re Budrik

United States District Court, E.D. Washington

March 20, 2018

Kenneth R. Budik

          Date of Original Sentence: March 17, 2015

          Asst. U.S. Attorney: James A. Goeke

          Defense Attorney: Federal Defenders Office

          PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION

          The Honorable Rosanna Malouf Peterson, 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 1 and 2 Nature of Noncompliance

         Special Condition # 16: You shall abstain from the use of illegal controlled substances, and shall submit to urinalysis testing (which may include uranalysis or sweat patch), as directed by the supervising officer, but no more than 6 tests per month, in order to confirm abstinence from these substances.

         Supporting Evidence: On December 10, 2015, Mr. Budik reported to the undersigned officer for the purpose of an intake. Reviewed with Mr. Budik were his conditions of supervised release. He signed his conditions acknowledging an understanding of his conditions, to include special condition number 16, as noted above.

         On January 2, 2018, Mr. Budik reported to the probation office at the direction of the undersigned officer. A random urinalysis test was collected and the urine sample was presumptive positive for marijuana. When confronted on the positive test, he adamantly denied using marijuana at that time. On January 5, 2018, the lab report was received from Alere Toxicology confirming a positive result for the presence of marijuana. Several days later, Mr. Budik finally admitted to using marijuana.

         On January 23, 2018, Mr. Budik reported to the probation office at the direction of the undersigned officer. A random urinalysis test was collected and the urine sample was again presumptive positive for marijuana. On January 31, 2018, Alere Toxicology confirmed a positive result for the presence of marijuana.

         3 Special Condition # 16: You shall abstain from the use of illegal controlled substances, and shall submit to urinalysis testing (which may include uranalysis or sweat patch), as directed by the supervising officer, but no more than 6 tests per month, in order to confirm abstinence from these substances.

         Supporting Evidence: On December 10, 2015, Mr. Budik reported to the undersigned officer for the purpose of an intake. Reviewed with Mr. Budik were his conditions of supervised release. He signed his conditions acknowledging an understanding ...


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