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In re Anderson

United States District Court, E.D. Washington

April 11, 2019

Earl Anderson, III

          Date of Original Sentence: September 7, 2016

          Asst. U.S. Attorney: Matthew F. Duggan

          Defense Attorney: J. Houston Goddard

          ORDER

          The Honorable Thomas O. Rice, Chief U.S. District Judge.

         PETITIONING THE COURT

         To incorporate the violation(s) contained in this petition in future proceedings with the violation(s) previously reported to the Court on 10/18/2018, 11/09/2018 and 02/06/2019.

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

         Violation Number Nature of Noncompliance

7 Standard Condition # 2: The defendant shall not unlawfully possess a controlled substance. The defendant shall refrain from any unlawful use of a controlled substance, including marijuana, which remains illegal under federal law. 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 or about March 26, 2019, Mr. Anderson consumed marijuana.
In response to Mr. Anderson failing to appear for his random phase urinalysis on March 25, 2019, Mr. Anderson was instructed to report to U.S. Probation on March 26, 2019. On March 26, 2019, Mr. Anderson reported as instructed and submitted a urine sample that tested presumptive positive for marijuana. He adamantly denied any relapse on marijuana. The sample was sent to Alere Toxicology (Alere) for confirmation. On March 30, 2019, Alere confirmed the sample positive, as well as being dilute. On April 2, 2019, Mr. Anderson admitted to the undersigned, and via a signed document, that he used marijuana on March 23, 2019.
On May 7, 2018, Mr. Anderson participated in a supervision intake at the U.S. Probation Office. On that date, a copy of the conditions of supervision as outlined in the judgment and sentence were reviewed, and Mr. Anderson signed a copy acknowledging the requirements.
8 Standard Condition # 2: The defendant shall not unlawfully possess a controlled substance. The defendant shall refrain from any unlawful use of a controlled substance, including marijuana, which remains illegal under federal law. The defendant shall submit to one drug test within 15 days of release from imprisonment and ...

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