Opinion
0980 1:19CR02025-SAB-1
08-11-2022
Duane Edward Martin
Date of Original Sentence: November 20, 2019
PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION
THE HONORABLE STANLEY A. BASTIAN, CHIEF U.S. DISTRICT JUDGE
PETITIONING THE COURT
To issue a summons.
On August 24, 2021, Mr. Martin reviewed and signed his judgment and sentence acknowledging his understanding of his supervised release conditions.
The probation officer believes that the offender has violated the following conditions of supervision:
Violation Number Nature of Noncompliance
1 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 : Duane Martin is considered to be in violation of his supervised release conditions by being unsuccessfully discharged from inpatient treatment and failing to allow full reciprocal disclosure between the probation officer and treatment provider on or about August 1, 2022.
On August 4, 2022, this officer contacted Sundown M Ranch (Sundown) to obtain Mr. Martin's treatment status. The admissions staff stated they could neither confirm nor deny that Mr. Martin was a patient at their facility. This officer then made several attempts to contact Mr. Martin. I spoke with Mr. Martin's girlfriend's mother and she stated to be unsure if Mr. Martin was at home or in treatment.
This officer later received a call from Mr. Martin. He stated he was discharged from Sundown on August 1, 2022, for medical reasons. Mr. Martin would not elaborate what those reasons were.
On August 5, 2022, this officer met with Mr. Martin at his residence. This officer asked Mr. Martin why he was discharged from treatment and he stated it was for medical reasons. This officer let Mr. Martin know that Sundown could not share any information about his treatment. This officer asked Mr. Martin why he did not allow for full reciprocal disclosure between this officer and Sundown. Mr. Martin did not answer. This officer asked Mr. Martin why he had not reported to this officer upon his discharge as previously instructed. Mr. Martin stated he was afraid.
As of the date of this report, this officer has not been able to verify any treatment information from Sundown.
2 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 : Duane Martin is considered to be in violation of his supervised release conditions by failing to report to Merit Resource Services (Merit) for urinalysis (UA) testing on August 5, 2022.
On August 5, 2022, this officer met with Mr. Martin at his residence. Mr. Martin was directed to submit to UA testing at Merit in Sunnyside, Washington, on this date before the end of business day. Mr. Martin stated he would report to Merit and submit a UA.
On August 8, 2022, this officer received notice from Merit that Mr. Martin failed to show on August 5, 2022, for UA testing.
The U.S. Probation Office respectfully recommends the Court issue a summons requiring the defendant to appear to answer to the allegations contained in this petition.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on: August 10, 2022
Arturo Santana U.S. Probation Officer
THE COURT ORDERS
[ ] No Action
[ ] The Issuance of a Warrant
[X] The Issuance of a Summons
[ ] Other