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In re Hardwick

United States District Court, E.D. Washington

September 12, 2019

Robert Lawrence Hardwick

          Date of Original Sentence: June 28, 2016

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

          PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION

          Honorable Wm. Fremming Nielsen, Senior U.S. District Judge

         PETITIONING THE COURT

         To issue a WARRANT and to incorporate the violations contained in this petition in future proceedings with the violations previously reported to the Court on 01/04/2019, 01/18/2019 and 05/31/2019.

         The probation officer believes that the offender has violated the following conditions of supervision:

Violation Number Nature of Noncompliance
8 Special Condition #20: The defendant shall abstain from alcohol and shall submit to Breathalyzer testing as directed by the supervising officer, but no more than 6 tests per month, in order to confirm continued abstinence from this substance.
Supporting Evidence: On September 5, 2019, Robert Hardwick consumed alcohol.
On March 5, 2018, an officer from the U.S. Probation Office in Spokane, Washington, reviewed a copy of the conditions of supervision with Mr. Hardwick as outlined in the judgment and sentence. He signed a copy acknowledging the requirements.
On September 6, 2019, this officer made contact with Mr. Hardwick at his apartment to conduct an initial home inspection. The home inspection had been scheduled in advance with him, for that date, because he had moved out of the residential reentry center (RRC) and into his own apartment just the day before, on September 5, 2019. When Mr. Hardwick answered the door, his words were slurred and he appeared to be intoxicated. When asked if he had been drinking the night before, the offender initially denied. This officer then instructed him to report to the U.S. Probation Office to submit to random urinalysis and Breathalyzer testing. At that point, Mr. Hardwick admitted to drinking “a couple beers” at his brother's house the night before.
Later that date, on September 6, 2019, Mr. Hardwick reported to the U.S. Probation Office as instructed by this officer. He provided a breath sample, supervised by a probation officer, that tested .084 percent blood alcohol content (BAC). Mr. Hardwick informed that officer he had been drinking with his brother the night before and “took a couple of shots.” A urine sample was requested, but the offender was unable to provide a sample. Mr. Hardwick signed an admission of use form admitting to the use of alcohol on September 5, 2019.
9 Special Condition #20: The defendant shall abstain from alcohol and shall submit to Breathalyzer testing as directed by the supervising officer, but no more than 6 tests per month, in order to ...

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