Opinion
0980 2:18CR00123-MKD-1
11-10-2022
United States v. Steven Ray Prigan
Asst. U.S. Attorney: Timothy John Ohms Defense Attorney: Colin G. Prince
Date of Original Sentence: November 21, 2018
Date of Resentence: January 11, 2022
Date Supervision Commenced: May 16, 2022
Date Supervision Expires: May 15, 2025
Asst. U.S. Attorney: Timothy John Ohms
Defense Attorney: Colin G. Prince
Salvador Mendoza, Jr., U.S. District Judge
Mary K. Dimke, U.S. District Judge
PETITIONING THE COURT
To issue a warrant.
On May 16, 2022, the conditions of supervision were reviewed with Mr. Prigan. He signed his judgment acknowledging an understanding of his conditions.
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 six 6 tests per month, in order to confirm continued abstinence from these substances.
Supporting Evidence : Mr. Prigan is alleged to have violated the terms of his supervised release by using a controlled substance, fentanyl, on or about October 28, 2022.
On October 28, 2022, Mr. Prigan provided a presumptive positive urinalysis for fentanyl. Mr. Prigan signed a denial from at Pioneer Human Services and called this officer afterward to advise he denied any drug use. On November 7, 2022, this officer received confirmation from Alere Toxicology that Mr. Prigan's sample was positive for fentanyl and norfentanyl (metabolite of fentatnyl).
2
Special Condition #3: You must undergo periodic substance abuse evaluations at the direction of your supervision officer 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. Prigan is alleged to have violated the terms of his supervised release by failing to adhere to treatment program rules on or about November 7, 2022.
This officer was advised by Mr. Prigan's treatment counselor that he had fallen asleep during group and, therefore, was not credited for the class due to his lack of engagement. Mr. Prigan is not in compliance with his substance abuse treatment program at this time.
3
Standard Condition #4: You must be truthful when responding to the questions asked by your probation officer.
Supporting Evidence : Mr. Prigan is alleged to have violated the terms of his supervised release by failing to be honest with this officer on November 9, 2022.
This officer attempted to conduct a home visit at Mr. Prigan's residence on November 9, 2022. Mr. Prigan indicated he was not available and was in Spokane, submitting to a drug screen. On November 10, 2022, this officer received notification from Pioneer Human Services that Mr. Prigan did not show up for his drug test.
4
Special Condition #4: You must abstain from the use of illegal controlled substances, and must submit to urinalysis and sweat patch, as directed by the supervising officer, but no more six 6 tests per month, in order to confirm continued abstinence from these substances.
Supporting Evidence : Mr. Prigan is alleged to have violated the terms of his supervised release by failing to submit to urinalysis testing on November 9, 2022.
On November 10, 2022, this officer was advised by staff at Pioneer Human Services that Mr. Prigan was a no-show for his urinalysis testing.
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.
Emely Cubias, U.S. Probation Officer
THE COURT ORDERS
[ ] No Action
[ X ] The Issuance of a Warrant
[ ] The Issuance of a Summons
[ ] Other