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United States v. Johnson

United States District Court, E.D. Washington

October 3, 2019

United States
v.
Joshua J. Johnson

         Petition for Warrant or Summons for Offender Under Supervision

          Asst. U.S. Attorney: George JC Jacobs, III

          Defense Attorney: Federal Defender's Office

          PETITIONING THE COURT

          HONORABLE SALVADOR MENDOZA, U.S. DISTRICT JUDGE

         To 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 09/30/2019.

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

         Violation Number Nature of Noncompliance

         4 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 Court.

         Supporting Evidence: Mr. Johnson is alleged to have violated mandatory condition number 3 by ingesting methamphetamine on or about October 1, 2019, and marijuana on or about October 2, 2019, based on the client's admission of such use.

         On June 27, 2019, Mr. Johnson signed his conditions relative to case number 2:15CR00144-SMJ-5, indicating he understood all conditions as ordered by the Court. Specifically, Mr. Johnson was made aware by his U.S. probation officer that he was required to refrain from any use of illicit substances, to include marijuana.

         Specifically, on September 30, 2019, Mr. Johnson reported to the U.S. Probation Office in Spokane, as previously directed to submit to urinalysis testing. Mr. Johnson subsequently provided a urinalysis sample for testing, the results of which were presumptive positive for amphetamine, methamphetamine, and marijuana. Mr. Johnson denied any recent use of any illicit substance, with the exception of the client's use as previously reported to the Court in the petition dated September 30, 2019. As a result, the sample was forwarded to the contract lab for confirmation. It should be noted that the lab confirmation with respect to this sample remains outstanding as of the date of this report.

         At approximately 2:30 p.m., on October 1, 2019, the client was left a voice mail expressing concern over his missed treatment session on the day in question, as well as the presumptive positive urinalysis sample submitted by the client during urinalysis testing. On October 2, 2019, the client contacted the undersigned officer telephonically and remained steadfast in his statement that he had not used recently prior to the sample submitted. The client did, however, admit to ingesting methamphetamine, previously occurring on October 1, 2019, and marijuana most recently occurring on the day in question, describing himself as “stoned” during the phone call.

         5 Special Condition #8: 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 substances.

         Supporting Evidence: Mr. Johnson is alleged to have violated special condition number 8 by failing to attend random urinalysis testing with the ...


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