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In re Duxbury

United States District Court, E.D. Washington

July 3, 2019

Christopher Ray Duxbury

          PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION

          THE HONORABLE WM. FREMMING NIELSEN, JUDGE

         PETITIONING THE COURT

         To issue a summons and to incorporate the violation(s) contained in this petition in future proceedings with the violation(s) previously reported to the Court on 05/28/2019.

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

         Violation Number Nature of Noncompliance

         3 Standard Condition # 14: The defendant must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer excuses the defendant from doing so. If the defendant does not have full-time employment the defendant must try to find full-time employment, unless the probation officer excuses the defendant from doing so. If the defendant plan to change where the defendant work or anything about the defendant's work (such as the position or the job responsibilities), the defendant must notify the probation officer at least 10 calendar days before the change. If notifying the probation officer in advance is not possible due to unanticipated circumstances, the defendant must notify the probation officer within 72 hours of becoming aware of a change or expected change.

         Supporting Evidence: Mr. Duxbury's employment at Rizzuto Foods, Inc., was terminated on or about June 21, 2019. He failed to inform the undersigned officer within 72 hours of the change.

         On June 26, 2019, the undersigned officer contacted Mr. Duxbury at his primary residence. He was questioned as to why he was not at work and he informed the undersigned officer he was fired on June 21, 2019. He claimed he was going to call this officer to explain. Mr. Duxbury was informed that he is required to report any changes to his employment status to the undersigned officer within 72 hours.

         On January 18, 2018, Mr. Duxbury signed his judgment for case number 2:15CR00121-WFN-1, indicating he understood all conditions ordered by the Court, including standard condition number 14, requiring him to report any changes to his employment within 72 hours.

         4 Special Condition #21: The defendant shall abstain from the use of illegal controlled substances, and shall submit to urinalysis 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: Mr. Duxbury is alleged to have used heroin on or about June 15 and 22, 2019.

         On June 19, 2019, Mr. Duxbury reported to the probation office as directed, as he had failed to appear for two previous random urinalysis tests Mr. Duxbury admitted to using heroin on or about June 15, 2019, and signed a drug use admission form.

         On June 26, 2019, the undersigned officer made contact with Mr. Duxbury at his residence. Mr. Duxbury had failed to appear for a random urinalysis test the day prior. When questioned about any illicit drug use, he initially denied any further use of heroin, however, later that day he called this officer and admitted to using heroin on June 22, 2019, the day after his employment was terminated. On June 27, 2019, he reported to the probation office and signed a drug use admission form.

         On January 18, 2018, Mr. Duxbury signed his judgment for case number 2:15CR00121-WFN-1, indicating he understood all conditions ordered by the Court, including special condition ...


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