Opinion
0980 2:07CR02039-SAB-1
08-12-2022
United States v. Thomas Dwain Andy
Thomas J. Hanlon Asst. U.S. Attorney: Paul Shelton Defense Attorney:
Date of Original Sentence: October 4, 2007
Thomas J. Hanlon Asst. U.S. Attorney:
Paul Shelton Defense Attorney:
PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION
Stanley A. Bastian, Chief U.S. District Judge
PETITIONING THE COURT
To issue a warrant.
On October 12, 2020, Mr. Andy reviewed and signed supervised release conditions, acknowledging an understanding of his conditions. However, since completing inpatient treatment, Mr. Andy has not contacted the probation office to sign his most recent judgement dated June 10, 2022.
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 : Mr. Andy is alleged to be in violation of his conditions of supervised release by failing to attend his outpatient substance abuse evaluation at Merit Resource Services (Merit) on August 8, 2022. On August 9, 2022, this officer received a phone call from Mr. Andy's federal defender who stated that Mr. Andy released from the Northwest Indian Treatment Center (NITC) on August 6, 2022. The federal defender also stated he received a phone call from Merit staff regarding Mr. Andy missing his outpatient substance abuse appointment on August 8, 2022. This officer contacted Merit staff who confirmed Mr. Andy released from the NITC on August 6, 2022, and he was a no show for his outpatient substance abuse evaluation on August 8, 2022. Merit staff informed this officer they would contact this officer if they came in contact with Mr. Andy. This officer contacted Mr. Andy's counselor at the NITC, who also confirmed Mr. Andy released from their facility on August 6, 2022. They provided this officer the most updated telephone number for Mr. Andy. This officer attempted to contact Mr. Andy several times by telephone; however, the line was disconnected. | |
| 2 | Standard Condition #2 After initially reporting to the probation office, 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 : Mr. Andy is alleged to be in violation of his conditions of supervised release by failing to report to the probation officer as directed on August 10, 2022. On August 9, 2022, this officer received a phone call from Mr. Andy's federal defender who stated that Mr. Andy released from the NITC on August 6, 2022. The federal defender also said he received a phone call from Merit staff regarding Mr. Andy missing his outpatient substance abuse appointment on August 8, 2022. This officer contacted Merit staff who confirmed Mr. Andy released from the NITC on August 6, 2022, and he was a no show for his outpatient substance abuse evaluation on August 8, 2022. Merit staff informed this officer they would contact this officer if they came in contact with Mr. Andy. This officer contacted Mr. Andy's counselor at the NITC, who also confirmed Mr. Andy released from their facility on August 6, 2022. They provided this officer the most updated telephone number for Mr. Andy. This officer attempted to contact Mr. Andy several times by telephone; however, the line was disconnected. On August 9, 2022, this officer attempted to contact Mr. Andy at his listed residence with the probation office. The front gates to the residence were securely closed. This officer left his business card in Mr. Andy's mailbox with reporting instructions to report to the probation office on August 10, 2022, by 3 p.m. or court action would be taken. On August 10. 2022, Mr. Andy failed to report to the probation office as directed and his current whereabouts is unknown. |
The U.S. Probation Office respectfully recommends the Court issue a warrant 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 12, 2022
Kyle Mowatt, U.S. Probation Officer
THE COURT ORDERS
[ ] No Action
[x] The Issuance of a Warrant
[ ] The Issuance of a Summons
[ ] Other