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In re Luton

United States District Court, E.D. Washington

May 9, 2018

Brett A. Luton

          Attorney: James A. Goeke

          Defense Attorney: David Fletcher

          The Honorable Rosanna Malouf Peterson, U.S. District Judge.

          PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION

         PETITIONING THE COURT

         To issue a WARRANT and to incorporate the violation(s) contained in this petition in future proceedings with the violation(s) previously reported to the Court on 04/14/2017, 05/31/2017, and 03/06/2018.

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

         Violation Number Nature of Noncompliance

         4 Mandatory Condition # 4: The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter, as determined by the Court.

         Supporting Evidence: On October 30, 2015, Mr. Brett Luton signed his conditions relative to case number 2:14CR00021-RMP-23, indicating he understood all conditions as ordered by the Court. Specifically, Mr. Luton was made aware by his U.S. probation officer that he was required to refrain from the use of illicit substances.

         Mr. Luton is alleged to have violated mandatory condition number 4 by ingesting cocaine on or about April 24, 2018, and May 3, 2018, according to laboratory testing.

         Specifically, on April 24, and May 3, 2018, Mr. Luton reported to the U.S. Probation Office to submit to urinalysis testing as directed. On both occasions, Mr. Luton provided a urinalysis sample that was presumptive positive for cocaine. On both occasions Mr. Luton denied any illicit use of cocaine and the samples were forwarded for laboratory confirmation. On April 30, and May 8, 2018, respectively, lab reports were received with respect to the samples submitted and the results were both confirmed positive for the presence of cocaine metabolite.

         5 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 October 30, 2015, Mr. Brett Luton signed his conditions relative to case number 2:14CR00021-RMP-23, indicating he understood all conditions as ordered by the Court. Specifically, Mr. Luton was made aware by his U.S. probation officer that he was required to answer all questions in a truthful manner, and to follow all directives provided to him by the U.S. Probation Office.

         Mr. Luton is alleged to have violated standard condition number 3 by failing to report to the U.S. Probation Office as directed on numerous occasions, to ...


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