Opinion
2:22CR00133-TOR-4
07-03-2024
USA v. Breithaupt et al v.
PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION
HONORABLE THOMAS O. RICE, U.S. DISTRICT JUDGE
Name of Offender: Alicia A. Lopez
Address of Offender: Spokane, Washington 99208
Date of Original Sentence: June 29, 2023
Original Offense: Conspiracy to Commit Bank Fraud, 18 U.S.C. § 1349
Original Sentence: Prison - 6 months Type of Supervision: Supervised Release
TSR - 36 months
Revocation Sentence: Prison - 6 months
(February 7, 2024) TSR - 30 months
Asst. U.S. Attorney: Earl Allan Hicks Date Supervision Commenced: June 25, 2024
Defense Attorney: Matthew F. Duggan Date Supervision Expires: December 24, 2026
PETITIONING THE COURT
To issue a warrant.
On June 25, 2024, an officer with the U.S. Probation Office in Spokane, Washington, reviewed a copy of the conditions of supervision with Alicia Lopez, as outlined in the judgment and sentence. She signed a copy acknowledging the requirements.
The probation officer believes that the offender has violated the following condition(s) of supervision:
Violation Number Nature of Noncompliance
1 Special Condition #6 : 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 : On or about July 1, 2024, Alicia Lopez allegedly violated special condition number 6 by failing to schedule a substance abuse assessment as instructed.
During her initial intake, on June 25, 2024, this officer reviewed the applicable conditions of supervision with the offender, to include the condition which requires her to undergo a substance abuse evaluation. As such, Ms. Lopez was instructed to contact Pioneer Human Services (PHS) to schedule a substance abuse assessment; she was further instructed to provide this officer with the date and time of that assessment once it was scheduled, and she confirmed that she understood.
On July 1, 2024, Ms. Lopez was contacted at her residence for the purpose of conducting an initial home inspection. During that visit the offender was asked about her drug assessment and she claimed she “had forgotten to get that scheduled.” She was subsequently instructed to contact PHS by July 2, 2024, to schedule an assessment.
As of the writing of this report, the offender has still not scheduled a substance abuse assessment.
2 Special Condition #4 : You must complete a mental health evaluation and follow any treatment recommendations of the evaluating professional which do not require forced or psychotropic medication and/or inpatient confinement, absent further order of the court. You must allow reciprocal release of information between the supervising officer and treatment provider. You must contribute to the cost of treatment according to your ability to pay.
Supporting Evidence : On or about July 1, 2024, Alicia Lopez allegedly violated special condition number 4 by failing to schedule a mental health assessment as instructed.
During her initial intake, on June 25, 2024, this officer reviewed the applicable conditions of supervision with the offender, to include the condition which requires her to undergo a mental health evaluation. As such, Ms. Lopez was instructed to contact PHS to schedule a mental health assessment; she was further instructed to provide this officer with the date and time of that assessment once it was scheduled, and she confirmed that she understood.
On July 1, 2024, Ms. Lopez was contacted at her residence for the purpose of conducting an initial home inspection. During that visit the offender was asked about her mental health assessment and she claimed “she had forgotten to get that scheduled.” She was subsequently instructed to contact PHS by July 2, 2024, to schedule an assessment.
As of the writing of this report, the offender has still not scheduled a mental health assessment.
3 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 to report to the probation officer, and you must report to the probation officer as instructed.
Supporting Evidence : On July 1, 2024, Alicia Lopez allegedly violated standard condition number 2 by failing to report as instructed.
On July 1, 2024, Ms. Lopez was contacted at her residence for the purpose of conducting an initial home inspection. After the home inspection had been conducted, the offender was instructed to report to the U.S. Probation Office by 2 p.m. that day, for random urinalysis testing.
When she failed to report as instructed, this officer made multiple attempts to contact the offender, but she did not answer or respond.
4 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 to report to the probation officer, and you must report to the probation officer as instructed.
Supporting Evidence : On July 2, 2024, Alicia Lopez allegedly violated standard condition number 2 by failing to report as instructed.
At approximately 5:52 p.m. on July 1, 2024, the assigned probation officer attempted to contact Ms. Lopez. When she did not answer, she was sent voice and text messages with instructions to report to the U.S. Probation Office by 8 a.m. the next morning, on July 2, 2024.
On the morning of July 2, 2024, the offender again failed to report to the probation office as instructed.
As of the writing of this report, the offender's whereabouts are unknown.
The U.S. Probation Office respectfully recommends the Court issue a warrant requiring the offender to appear to answer to the allegations contained in this petition.
I declare under penalty of perjury that the foregoing is true and correct.
Amber M.K. Andrade U.S. Probation Officer
THE COURT ORDERS
[ ] No Action
[X] The Issuance of a Warrant .
[ ] The Issuance of a Summons
[ ] Other