Opinion
0980 2:19CR00208-WFN-1
03-16-2022
Kelly Gordon Dupuis
Asst. U.S. Attorney: Daniel Fruchter Defense Attorney: Roger Peven
Date of Original Sentence: September 2, 2016
Asst. U.S. Attorney: Daniel Fruchter
Defense Attorney: Roger Peven
The Honorable Donald Molloy, U.S. District Judge
Honorable Wm. Fremming Nielsen, Senior U.S. District Judge
PETITIONING THE COURT
THOMAS O. RICE FOR WM. FREMMING NIELSEN UNITED STATES DISTRICT JUDGE
To issue a warrant.
The probation officer believes that the offender has violated the following conditions of supervision:
On December 17, 2022, Mr. Dupuis' judgment was reviewed with him. He signed a copy of his judgment indicating an understanding of the conditions imposed by the Court.
Violation Number
Nature of Noncompliance
1
Special Condition #2 : You must 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 upon further order of the court. You must contribute to the cost of treatment according to your ability to pay. You must allow full reciprocal disclosure between the supervising officer and treatment provider.
Supporting Evidence : It is alleged that Kelly Dupuis violated the terms of his supervised release by failing to enter inpatient treatment, on or about March 14, 2022, in Spokane, Washington.
On March 3, 2022, Mr. Dupuis appeared for a Sobriety Treatment and Education Program (STEP) session. During the STEP session, Mr. Dupuis was ordered to participate in a substance abuse evaluation and enter inpatient treatment if recommended by the evaluation. On March 4, 2022, he entered a detox program at Spokane Treatment and Recovery Services
(STARS). A substance abuse evaluation was completed by STARS. Mr. Dupuis was recommended for inpatient treatment and placement was secured for March 14, 2022, at Sunray Court located in Spokane, Washington. STARS discharged him from the facility on March 8, 2022, as Mr. Dupuis indicated he had another court matter to appear for on March 10, 2022.
Efforts were made to reach Mr. Dupuis by telephone on March 9 and 10, 2022. The undersigned left voice messages directing him to contact the undersigned, resume random drug testing through Pioneer Human Services (PHS) and to enter inpatient treatment as scheduled.
Mr. Dupuis failed to comply with any of these directives, to include failure to enter into inpatient treatment on March 14, 2022.
Mr. Dupuis' whereabouts are currently unknown.
2
Special Condition #3 :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:
It is alleged that Kelly Dupuis violated the terms of his supervised release by failing to appear for random urinalysis testing, on or about March 9 and 11, 2022, in Spokane.
On March 3, 2022, Mr. Dupuis appeared for a STEP session. During the STEP session, Mr. Dupuis was ordered to participant in a substance abuse evaluation and enter inpatient treatment if recommended by the evaluation.
He was further advised that he was expected to continue drug testing randomly through PHS.
On March 4, 2022, he entered a detox program at STARS. A substance abuse evaluation was completed by STARS. Mr. Dupuis was recommended for inpatient treatment and placement was secured for March 14, 2022, at Sunray Court located in Spokane. STARS discharged him from the facility on March 8, 2022, as Mr. Dupuis indicated he had another court matter to appear for on March 10, 2022.
Efforts were made to reach Mr. Dupuis by telephone on March 9 and 10, 2022. The undersigned left voice messages directing him to contact the undersigned, resume random drug testing through PHS, and to enter into inpatient treatment as scheduled.
Mr. Dupuis failed to appear for drug testing at PHS on March 9 and 11, 2022.
| 3 | Special Condition #3: | 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 | .It is alleged that Kelly Dupuis violated the terms of his supervised release by consuming a controlled substance, fentanyl, on or about February 16, 2022 | |
| On March 3, 2022, contact was made with Mr. Dupuis' outpatient treatment provider, Spokane Addiction and Recovery Centers (SPARC). It was reported that Mr. Dupuis had submitted to a drug test on February 16, 2022, which returned positive for a number of substances to include fentanyl. | ||
| 4 | Special Condition #4: | You must not enter into or remain in any establishment where alcohol is the primary item of sale. You must abstain from alcohol and must submit to urinalysis and 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: | It is alleged that Kelly Dupuis violated the terms of his supervised release by consuming alcohol on or about February 16, 2022. | |
| On March 3, 2022, contact was made with Mr. Dupuis' outpatient treatment provider, SPARC. It was reported that Mr. Dupuis had submitted to a drug test on February 16, 2022, which returned positive for a number of substances to include alcohol. |
The U.S. Probation Office respectfully recommends the Court issue a warrant requiring the offender to appear to answer to the allegations contained in this petition.
Melissa Hanson U.S. Probation Officer
THE COURT ORDERS
[ ] No. Action
[X] The Issuance of a Warrant
[ ] The Issuance of a Summons
[ ] Other