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In re Vickers

United States District Court, E.D. Washington

December 11, 2019

David Allen Vickers

          Asst. U.S. Attorney: Thomas J. Hanlon.

          Defense Attorney: Paul E. Shelton.

          The Honorable Fred Van Sickle, Senior U.S. District Judge.

          PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION

          The Honorable Stanley A. Bastian, U.S. District Judge.

         PETITIONING THE COURT

         To issue a warrant and incorporate the violations contained in this petition in future proceedings with the violations previously reported to the Court on March 14 and 27, 2019; April 19 and 30, 2019; June 7, 2019; and August 15, 2019.

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

Violation Number Nature of Noncompliance
11 Standard Condition #5: You must live at a place approved by the probation officer. If you plan to change where you live or anything about your living arrangements (such as the people you live with), you must notify the probation officer at least 10 day before the changes. If notifying the probation officer in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of becoming aware of a change or expected change.
Supporting Evidence: Mr. Vickers is alleged to have changed his address without notifying this probation officer as of November 4, 2019.
Mr. Vickers’ conditions of supervised release were reviewed with him on March 5, 2019. He signed and acknowledged an understanding of his conditions which included standard condition number 5, as noted above.
On October 28, 2019, Mr. Vickers was removed from the Fisher Park Oxford house and relocated to the Tieton Oxford House, located at 3903 West Walnut Street in Yakima, Washington. On November 5, 2019, this officer attempted to contact Mr. Vickers at the Tieton Oxford House. This officer was informed by the house manger that Mr. Vickers was kicked out of the Tieton Oxford House on November 4, 2019. The house manager stated Mr. Vickers took all of his personal items and is not welcome back at the residence. Mr. Vickers did not inform this officer that he left the Tieton Oxford House until this officer questioned him about it on November 7, 2019.
12 Standard Condition #2:After initially reporting to the probation officer, you will receive instructions from the Court of the probation officer about how and when you must report to the probating officer and you must report to the probation officer as instructed.
Supporting Evidence: Mr. Vickers is alleged to have failed to report to probation as directed on November 7, 2019 Mr. Vickers’ conditions of supervised release were reviewed with him on March 5, 2019. He signed and acknowledged an understanding of his conditions which included standard condition number 2, as noted above.
On November 7, 2019, this officer spoke with Mr. Vickers on the phone at 7:40 a.m. Mr. Vickers was directed to report to this officer by 9 a.m. to discuss why the Washington State Patrol ran his name at 1 a.m. on November 7, 2019. Mr. Vickers stated he will find a ride and call this officer back.
Mr. Vickers called this officer at 3 p.m. and asked that he report the following day. Mr. Vickers was directed by this officer to report by 4:45 p.m. The offender acknowledged that he must report as directed; however, he failed to report as directed on November 7, 2019.

         The U.S. Probation Office respectfully recommends the Court issue a warrant and incorporate the violations contained in this petition in future proceedings with the violations previously reported to the Court.

         Phil Casey U.S. Probation Officer.

         THE COURT ORDERS

         [ ] No. Action

         [X] The Issuance of a Warrant

         [ ] The ...


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