Opinion
Case Number: 2:09CR00015-007
02-05-2013
In re: James E. Mulvaney
Asst. U.S. Attorney: Russell E. Smoot Defense Attorney: Steven P. Frampton
Petition for Warrant or Summons for Offender Under Supervision
Address of Offender Name of Sentencing Judicial Officer: The Honorable Edward F. Shea, Senior U.S. District Judge Date of Original Sentence: October 21, 2010 Original Offense: Conspiracy to Distribute 100 Kilograms or More of Marijuana, 21 U.S.C. §§ 846 and 841(a)(1), (b)(1)(B)(vii) Original Sentence: Prison-18 Months;
TSR - 48 Months
Type of Supervision: Supervised Release Asst. U.S. Attorney: Russell E. Smoot Date Supervision Commenced: March 15, 2012 Defense Attorney: Steven P. Frampton Date Supervision Expires: March 14, 2016
PETITIONING THE COURT
To issue a warrant. The probation officer believes that the offender has violated the following conditions of supervision:
+-----------------------------------------------------------------------------+ ¦Violation¦Nature of Noncompliance ¦ ¦Number ¦ ¦ +---------+-------------------------------------------------------------------¦ ¦ ¦Mandatory Condition #2: The defendant shall not commit another ¦ ¦ ¦Federal, state, or local crime. ¦ ¦ ¦ ¦ ¦ ¦Supporting Evidence: According to the affidavit of facts ¦ ¦ ¦regarding Spokane County case number 13-14297, Mr. Mulvaney was ¦ ¦ ¦arrested for second degree burglary, attempted first degree ¦ ¦1 ¦trafficking stolen property, and second degree possession of stolen¦ ¦ ¦property on January 31, 2013. During an investigation by officers, ¦ ¦ ¦it was discovered that Mr. Mulvaney had taken copper wire from ¦ ¦ ¦International Line Builders, and he tried to sell the wire to ¦ ¦ ¦Action Recycling on January 14, 2013. On January 16, 2013, Mr. ¦ ¦ ¦Mulvaney was arrested after he fled from a stolen van, which ¦ ¦ ¦contained copper wire mat was taken from Kaiser Aluminum's ¦ ¦ ¦property. At the time of this writing, charges have not been filed.¦ +---------+-------------------------------------------------------------------¦ ¦ ¦Standard Condition #11: The defendant shall notify the probation ¦ ¦ ¦officer within 72 hours of being arrested or questioned by a law ¦ ¦ ¦enforcement officer. ¦ ¦ ¦ ¦ ¦2 ¦Supporting Evidence: According to Spokane police report number ¦ ¦ ¦13-014397, Mr. Mulvaney was questioned by officers while trying to ¦ ¦ ¦sell copper wire to Action Recycling on January 14, 2013. As of the¦ ¦ ¦date of this report, Mr. Mulvaney has failed to notify the ¦ ¦ ¦undersigned officer of his contact with law enforcement. ¦ +-----------------------------------------------------------------------------+
+-----------------------------------------------------------------------------+ ¦ ¦Special Condition #16: You shall abstain from the use of illegal ¦ ¦ ¦controlled substances, and shall submit to urinalysis testing, as directed ¦ ¦ ¦by the supervising officer, but no more than six tests per month, in order ¦ ¦ ¦to confirm continued abstinence from these substances. ¦ ¦ ¦ ¦ ¦3¦Supporting Evidence: Mr. Mulvaney failed to abstain from the use of ¦ ¦ ¦illegal controlled substances. On January 22, 2013, Mr. Mulvaney submitted ¦ ¦ ¦a urine sample that field-tested positive for methamphetamine. Mr. Mulvaney¦ ¦ ¦denied any use, and the sample was sent to Alere Toxicology, Inc. for ¦ ¦ ¦confirmation. The sample was returned on February 1, 2013, and confirmed ¦ ¦ ¦positive results for amphetamine and methamphetamine. ¦ +-----------------------------------------------------------------------------+ The U.S. Probation Office respectfully recommends the Court issue a warrant for the arrest of the offender to answer the allegations contained in this petition.
I declare under penalty of perjury that the foregoing is true and correct.
____________________________
Patrick J Dennis
U.S. Probation Officer
THE COURT ORDERS [ ] No Action
[×] The Issuance of a Warrant
[ ] The Issuance of a Summons
[ ] Other
____________________________
Signature of Judicial Officer