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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 J. C. Jacobs, III

          Defense Attorney: Federal Defender's Office

          PETITIONING THE COURT

          Honorable Salvador Mendoza, U.S. District Judge

         To issue a SUMMONS

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

         Violation Number Nature of Noncompliance

         1 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 marijuana on or about September 11, and 20, 2019, and by ingesting methamphetamine on multiple occasions, to include having occurred on or about September 11, 14, 20, and 25, 2019, based on both urinalysis testing results and 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 11, 2019, the client reported to the U.S. Probation Office in Spokane to submit to urinalysis testing following the client's approved out of district travel to see his family in Western Washington. Mr. Johnson subsequently submitted a urinalysis sample for testing that was determined to be presumptive positive for both methamphetamine and marijuana. Mr. Johnson denied any use of either substance and the sample was forwarded to the contract laboratory for confirmation. On September 16, 2019, the results were received relative to this test confirming both the presence of methamphetamine and marijuana in the sample, as well as confirming the sample submitted was dilute.

         On September 18, 2019, the client reported to the U.S. Probation Office in Spokane, and ultimately admitted to finding a small bag on the ground which contained both methamphetamine and marijuana. Mr. Johnson indicated he used both substances on several separate occasions until both substances were gone, with his last use of methamphetamine previously occurring on September 14, 2019, and his last use of marijuana occurring on September 13, 2019.

         On September 23, 2019, the client again reported to the U.S. Probation Office in Spokane, and submitted to urinalysis testing, with the results this time showing as being presumptive positive for methamphetamine, cocaine, and marijuana. Mr. Johnson again denied any illicit drug use and the sample was forwarded to the laboratory for confirmation. Unfortunately, it was later reported that the contract laboratory was unable to test the sample upon arrival due to the condition of the sample once received.

         On September 27, 2019, the client reported to the U.S. Probation Office in Spokane, and admitted to ingesting methamphetamine on or about September 20, and 25, ...


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