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In re Schadl

United States District Court, E.D. Washington

June 18, 2018

John G. Schadl

          Asst. U.S. Attorney: Stephanie J. Lister

          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 Nature of Noncompliance

1 Special Condition # 18: You shall be prohibited from possessing or manufacturing any material, including videos, magazines, photographs, computer-generated depictions, or any other forms that depict sexually explicit conduct involving children or adults, as defined at 18 U.S.C. § 2256(2). Neither shall you enter nor frequent any establishment involved in the sex industry, including but not limited to adult bookstores, massage parlors, and strip clubs. You shall not utilize any sex-related adult telephone numbers. The supervising officer is authorized to monitor compliance in this area by obtaining relative records including but not limited to telephone, Internet, and credit cards.
Supporting Evidence: On December 29, 2017, Mr. John Schadl signed his conditions of supervision relative to case number 2:13CR00004-RMP-1, indicating he understood all conditions as ordered by the Court. Specifically, Mr. Schadl was made aware by his U.S. probation officer of the condition requiring that he refrain from possessing any material depicting sexually explicit conduct involving children or adults.
On June 12, 2018, Mr. Schadl violated the above-stated condition by accessing sexually explicit material.
On June 13, 2018, the undersigned officer received notification that an incident requiring this officer's review had occurred at approximately 1:43 a.m. on June 12, 2018. According to the report from Covenant Eyes, the offender had searched for “Maggie McGraw 18" at the time in question. The report details that at 1:46 a.m., the offender then searched for “ftv girl in sheer dress, ” and shortly thereafter, accessed the website: pornpics.com/galleries/sweet-young-girl-in-sheer-with-dress-flashing-her-naked-ass-outside-in-the-sun. Upon review of the site in question, this officer and the supervising officer were able to confirm the website contained pornography.
2 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 December 29, 2017, Mr. John Schadl signed his conditions of supervision relative to case number 2:13CR00004-RMP-1, indicating he understood all conditions as ordered by the Court. Specifically, Mr. Schadl was made aware by his U.S. probation officer of the condition requiring that he answer all inquiries by the probation officer truthfully.
On June 13, 2018, Mr. Schadl violated the above-stated condition of supervision by failing to be truthful with the undersigned officer. On this date, the offender reported to the U.S. Probation Office for his scheduled appointment. Mr. Schadl was informed at that time the undersigned officer had received notification from Covenant Eyes that an incident had occurred during the reporting period of June 6 to June 13, 2018.
The offender stated he had been online, during the time in question, looking for a birthday present for his daughter. When this officer confronted the client with the details of the incident, he continued to insist he was ...

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