Opinion
0980 2:13CR00033-TOR-1
11-12-2024
Jack Ray Lovitt
Asst. U.S. Attorney: Caitlin A. Baunsgard Defense Attorney: Justin Lonergan
Date of Original Sentence: July 12, 2013
Asst. U.S. Attorney: Caitlin A. Baunsgard
Defense Attorney: Justin Lonergan
PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION
Honorable Thomas O. Rice, United States District Judge
PETITIONING THE COURT
To issue a warrant.
On August 28, 2024, the probation officer reviewed the conditions of supervised release with the offender and he signed said conditions acknowledging he understood his requirements.
The probation officer believes that the offender has violated the following condition(s) of supervision:
Violation Number Nature of Noncompliance
1 Special Condition #4 : 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 : The offender is alleged to have violated special condition number 4, by failing to report to Pioneer Human Services (PHS) for urinalysis testing on or about October 30, 2024.
The probation officer received email correspondence from PHS indicating Mr. Lovitt failed to report for urinalysis testing on October 30, 2024.
2 Special Condition #4 : You must abstain from the use of illegal controlled substances, and 2 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: The offender is alleged to have violated special condition number 4, by ingesting controlled substances, methamphetamine and amphetamine, on or about October 31, 2024.
On November 1, 2024, the offender provided a urine specimen at the U.S. Probation Office that returned presumptive positive for methamphetamine and amphetamine. At that time, he signed an admission form acknowledging use of said substances on or about October 31, 2024.
3 Standard Condition #2: After initially reporting to the probation officer, you will receive instructions from the court or the probation officer about how and when you must report to the probation officer, and you must report to the probation officer as instructed.
Supporting Evidence: The offender is alleged to have violated standard condition number 2, by failing to report to the U.S. Probation Office for a scheduled appointment on November 4, 2024.
On November 1, 2024, the probation officer spoke to Mr. Lovitt via telephone and instructed him to report to the U.S. Probation Office on November 1, 2024, to discuss his recent relapse.
Mr. Lovitt failed to report to the U.S. Probation Office on November 1, 2024, as directed.
4 Standard Condition #2: After initially reporting to the probation officer, you will receive instructions from the court or the probation officer about how and when you must report to the probation officer, and you must report to the probation officer as instructed.
Supporting Evidence: The offender is alleged to have violated standard condition number 2, by failing to report to the U.S. Probation Office for a scheduled appointment on November 6, 2024.
On November 5, 2024, the probation officer left a voicemail for offender instructing him to report to the U.S. Probation Office on November 6, 2024. A text message was also sent to the offender with the above-referenced reporting instructions.
Mr. Lovitt failed to report to the U.S. Probation Office on November 6, 2024, as instructed.
5 Special Condition #3 : 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: The offender is alleged to have violated special condition number 3, by failing to attend a scheduled substance abuse treatment session at Spokane Addiction Recovery Centers (SPARC) on November 5, 2024.
On November 6,2024, the offender's treatment provider notified the undersigned that Mr. Lovitt failed to attend a scheduled treatment session on November 5, 2024.
6 Standard Condition #2: After initially reporting to the probation officer, you will receive instructions from the court or the probation officer about how and when you must report to the probation officer, and you must report to the probation officer as instructed.
Supporting Evidence: The offender is alleged to have violated standard condition number 2, by failing to report to the U.S. Probation Office on November 8, 2024.
On November 7, 2024, the probation officer attempted to contact the offender at his residence. This officer was unsuccessful in contacting Mr. Lovitt and a business card was left on his door instructing him to report to the U.S. Probation Office on November 8, 2024.
Mr. Lovitt failed to report to the U.S. Probation Office on November 8, 2024, as directed.
The U.S. Probation Office respectfully recommends the Court issue a warrant requiring the offender to appear to answer to the allegation(s) contained in this petition.
I declare under penalty of perjury that the foregoing is true and correct.
Lori Cross U.S. Probation Officer
THE COURT ORDERS
[ ] No Action
[X] The Issuance of a Warrant
[ ] The Issuance of a Summons
[ ] 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