Opinion
0980 2:14CR00124-SMJ-3
08-29-2022
Todd David Bates
Report Date: August 26, 2022.
PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION
Address of Offender: Spokane, Washington 99201
Name of Sentencing Judicial Officer The Honorable Salvador Mendoza, Jr., U.S. District Judge.
Date of Original Sentence: August 9, 2016
Original Offense: Conspiracy to Commit Murder for Hire, 18 U.S.C. § 1958(a);
Conspiracy to Distribute Heroin, 21 U.S.C. §§ 841(a)(1) and (b)(1)(B), 846
Original Sentence: Prison - 100 months Type of Supervision: Supervised Release
TSR - 60 months
Asst. U.S. Attorney: Dominique Juliet Park Date Supervision Commenced: December 23, 2021
Defense Attorney: Colin G. Prince Date Supervision Expires: December 22, 2026
PETITIONING THE COURT
To issue a warrant and incorporate the violation(s) contained in this petition in future proceedings with the violation(s) previously reported to the Court on 04/12/2022 and 05/26/2022.
On December 26, 2021, Mr. Bates' conditions of supervision were reviewed by the probation officer and he signed said conditions acknowledging an understanding of his requirements.
The probation officer believes that the offender has violated the following condition(s) of supervision:
Violation Number Nature of Noncompliance
6 Special Condition #20 : Defendant shall abstain from the use of illegal controlled substances, and shall submit to urinalysis testing (which may include urinalysis or sweat patch), as directed by the supervising officer, but not more than 6 tests per month.
Supporting Evidence : The offender is alleged to have violated special condition number 20, by ingesting a controlled substance, cocaine, on or about August 16, 2022.
On August 16, 2022, Mr. Bates submitted a urine specimen at Pioneer Human Services (PHS) that returned presumptive positive for cocaine. At that time, he signed an admission form acknowledging use of said substance. When questioned by the undersigned regarding his drug use, he indicated he “didn't mean to.” He further explained that it was not intentional, as he had kissed someone who had used cocaine. The urine specimen was thereafter confirmed positive for the presence of cocaine.
7 Special Condition #21: Defendant shall undergo a substance abuse evaluation, and if indicated by a licensed/certified treatment provider, enter into and successfully complete an approved substance abuse treatment program, which could include inpatient treatment and aftercare. Defendant shall contribute to the cost of treatment according to Defendant's ability to pay. Defendant shall allow full reciprocal disclosure between the supervising officer and treatment provider.
Supporting Evidence: The offender is alleged to have violated special condition number 21, by failing to attend a scheduled treatment session at Pioneer Human Services (PHS) on August 17, 2022.
The undersigned received email correspondence from PHS indicating Mr. Bates failed to attend a scheduled treatment session on August 17, 2022.
8 Special Condition #20 : Defendant shall abstain from the use of illegal controlled substances, and shall submit to urinalysis testing (which may include urinalysis or sweat patch), as directed by the supervising officer, but not more than 6 tests per month.
Supporting Evidence: The offender is alleged to have violated special condition number 20, by failing to report to PHS for urinalysis testing on August 23, 2022.
The undersigned received email correspondence from PHS indicating Mr. Bates failed to report for urinalysis testing on August 23, 2022.
9 Special Condition #20 : Defendant shall abstain from the use of illegal controlled substances, and shall submit to urinalysis testing (which may include urinalysis or sweat patch), as directed by the supervising officer, but not more than 6 tests per month.
Supporting Evidence: The offender is alleged to have violated special condition number 20, by failing to report to PHS for urinalysis testing on August 25, 2022.
On August 25, 2022, the probation officer instructed Mr. Bates to report to PHS to submit to urinalysis testing. He failed to report as instructed.
The U.S. Probation Office respectfully recommends the Court to incorporate the violation(s) contained in this petition in future proceedings with the violation(s) previously reported to the Court, and that the Court issue a warrant.
I declare under penalty of perjury that the foregoing is true and correct.
THE COURT ORDERS
[ ] No Action
[X] The Issuance of a Warrant
[ ] The Issuance of a Summons
[X] The incorporation of the violation! s) contained in this petition with the other violations pending before the Court.
[ ] Defendant to appear before the Judge assigned to the case.
[X] Defendant to appear before the Magistrate Judge.
[ ] Other