Opinion
0980 2:18CR00212-RMP-1
11-03-2023
Alan Bernard Way
Asst. U.S. Attorney: Caitlin A. Baunsgard Defense Attorney: Lorinda Youngcourt
Asst. U.S. Attorney: Caitlin A. Baunsgard
Defense Attorney: Lorinda Youngcourt
PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION
Honorable Rosanna Malouf Peterson, Senior U.S. District Judge
PETITIONING THE COURT
To issue a warrant and to incorporate the violation(s) contained in this petition in future proceedings with the violation(s) previously reported to the Court on 08/21/2023, 10/06/2023 and 10/18/2023.
On October 22, 2019, Mr. Way's conditions of probation 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 Mandatory Condition #2: You must not unlawfully possess a controlled substance. You must refrain from any unlawful use of a controlled substance, including marijuana, which remains illegal under federal law.
Supporting Evidence: The offender is alleged to have violated mandatory condition number 2 by ingesting a controlled substance, fentanyl, on or about October 29, 2023.
On November 2, 2023, this officer conducted a home contact at the offender's residence for the purpose of removing his sweat patch. At that time, Mr. Way admitted to ingesting fentanyl on or about October 29, 2023. The sweat patch test result is currently pending.
7 Mandatory Condition #2: You must not unlawfully possess a controlled substance. You must refrain from any unlawful use of a controlled substance, including marijuana, which remains illegal under federal law.
Supporting Evidence: The offender is alleged to have violated mandatory condition number 2 by ingesting a controlled substance, fentanyl, on or about November 1, 2023.
On November 2,2023, this officer conducted a home contact at the offender's residence for the purpose of removing his sweat patch. At that time, Mr. Way admitted to ingesting fentanyl on or about November 1, 2023. The sweat patch test result is currently pending.
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.
Lori Cross U.S. Probation Officer
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