Nature of Noncompliance
Mandatory Condition #3: You
must refrain from any unlawful use of a controlled
substance. You must submit to one drug test within 15
days of release from imprisonment and at least two
periodic drug tests thereafter, as determined by the
Supporting Evidence : Mr.
Chief is alleged to have violated mandatory condition
number 3 by ingesting methamphetamine on or about
June 27, July 24, and August 6, 2019, based on
urinalysis testing and the client's admission of
such use in two instances.
On May 20, 2019, Mr. Nathan Mountain Chief signed his
conditions relative to case number 2:18CR00178-RMP-1,
indicating he understood all conditions as ordered by
the Court. Specifically, Mr. Chief was made aware by
his U.S. probation officer that he was required to
refrain from the use of illicit substances.
Specifically, on June 27, 2019, the undersigned
officer received a phone call from the client's
house manager who indicated the client had been
exhibiting some concerning behavior. Namely, the
client was alleged to have barricaded himself in the
basement of the residence and was making odd noises.
The undersigned officer was able to contact the
client telephonically, who described his activity as
“working out”, but who did admit to using
methamphetamine previously on June 25, 2019, after he
became depressed, stating he was unlikely to secure
employment. Mr. Chief was directed to report on the
day in question and he later reported as required.
Mr. Chief submitted to urinalysis testing, the
results of which were presumptive positive for
methamphetamine, and the client subsequently signed a
drug use admission form documenting his most recent
use of the substance as occurring on June 25, 2019.
On July 24, 2019, the undersigned officer received a
phone call from the client who advised he had missed
a random scheduled urinalysis test the day prior with
the contract provider. Mr. Chief later reported as
required and submitted to urinalysis testing, the
results of which reflected as being presumptive
positive for methamphetamine. Mr. Chief denied any
new use of illicit substances and the sample was sent
to the laboratory for verification.
On July 30, 2019, the U.S. Probation Office received
laboratory confirmation that the sample submitted by
the client on July 24, 2019, had in fact been
confirmed as being positive for methamphetamine. On
August 6, 2019, the client reported to the U.S.
Probation Office in Spokane, and again denied
intentionally ingesting the substance, but did admit
to accepting a ride with an individual he had
recently met, who then smoked the substance to excess
in the car while he was present. Mr. Chief advised he
believes as though he may have unintentionally
ingested the product through this contact.
As a part of the client's August 6, 2019, report
to the U.S. Probation Office, Mr. Chief was
additionally questioned on any recently occurring use
and he admitted he had used most recently on or about
August 5, 2019, stating he was “stressed”
over a recent mis-communication he had experienced
with his primary treatment provider. Mr. Chief also
advised he had now secured full-time employment
effective today, therefore felt as though he could
now maintain his sobriety. Mr. Chief did sign a drug
use admission form as a part of the contact,
documenting his recent use of the substance, as
previously occurring on or about August 5, 2019.