United States District Court, E.D. Washington
Courtney D. Vaughn
U.S. Attorney: James A. Goeke
Defense Attorney: Federal Public Defender
Honorable Rosanna Malouf Peterson, U.S. District Judge
PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER
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 09/06/2018, 09/26/2018, 10/12/2018, 01/08/2019,
06/07/2019, and 07/18/2019.
probation officer believes that the offender has violated the
following condition(s) of supervision:
Nature of Noncompliance
Special Condition # 6: You
must abstain from the use of illegal controlled
substances, and must 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
Supporting Evidence: Mr.
Vaughn is alleged to have violated special condition
number 6 by ingesting marijuana on or about July 30,
2019, based on urinalysis testing and the
client's admission of such use, and by tampering
with and removing his applied sweat patch without the
undersigned officer's consent.
On April 19, 2018, Mr. Courtney Vaughn signed his
conditions relative to case number
2:14CR00021-RMP-19, indicating he understood all
conditions as ordered by the Court. Specifically, Mr.
Vaughn was made aware by his U.S. probation officer
that he was required to refrain from the use of
illicit substances and fully comply with urinalysis
and sweat patch testing as directed.
Specifically, and as the Court likely recalls, Mr.
Vaughn previously presented before the Court on July
26, 2019, to allow for the adjudication of numerous
previously alleged violations of the client's
term of supervised release. As a part of the hearing,
the Court directed Mr. Vaughn to become engaged in
sweat patch testing and the patch was subsequently
applied to the client on the day in question,
following the aforementioned hearing.
On July 30, 2019, the client reported to the U.S.
Probation Office in Spokane, and advised staff his
sweat patch fell off after he engaged in 2 days of
swimming and then showered. It should be noted,
according to training material, the sweat patch can
be used while swimming and showering. As a part of
the contact Mr. Vaughn submitted to urinalysis
testing, the results of which were initially
presumptive positive for marijuana and cocaine. The
client denied any new use of illicit substances,
other than what was previously known by the Court. It
should be noted the client's previous admission
of use was made on July 11, 2019, at which time the
client identified his last use of marijuana as
occurring on July 10, 2019. Mr. Vaughn additionally
submitted to urinalysis testing at the U.S. Probation
Office on July 23, 2019, the results of which was
negative for all drugs tested for.
On August 3 and 4, 2019, laboratory results were
received relative to the client's urinalysis
sample submitted at the U.S. Probation Office on July
30, 2019. According to the results received, the
sample submitted was confirmed as being positive for
marijuana, but negative for cocaine.
On August 6, 2019, Mr. Vaughn reported to the U.S.
Probation Office in Spokane as directed. Mr. Vaughn
initially explained he was still likely positive from
his last admitted use of marijuana and stated he
intentionally drank water in excess to dilute his
specimen submitted on July 23, 2019, in order to
avoid detection. Upon being advised that this
statement did not make sense, as residual use would
not be considered a new violation, Mr. Vaughn then
stated he would be honest and admitted to using
marijuana the night before Court, previously
occurring on July 25, 2019. Mr. Vaughn was confronted
on his clear lack of transparency and he stated he
previously withheld the information out of fear of
going into custody.
U.S. Probation Office respectfully recommends the Court to
incorporate the violation(s) contained in this petition in
future proceedings with the violation(s) previously reported
to the Court, and that the Court issue a
declare under penalty of perjury that the foregoing is true
on: August 7, 2019 Chris Heinen Chris Heinen U.S. Probation
[ X ]
[ ] The
Issuance of a Warrant
[ ] The