Opinion
0980 1:18CR02053-SAB-1
06-20-2024
USA Gabriel Joshua Kindness
Asst. U.S. Attorney: Todd Swenson Defense Attorney: Juliana M Van Wingerden
Asst. U.S. Attorney: Todd Swenson
Defense Attorney: Juliana M Van Wingerden
The Honorable Salvador Mendoza, Jr., U.S. District Judge The Honorable Stanley A. Bastian, Chief U.S. District Judge
PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION
PETITIONING THE COURT
To incorporate the violations contained in this petition in future proceedings with the violations previously reported to the Court on May 21, 2024.
On October 4, 2023, supervised release conditions were reviewed and signed by Mr. Kindness acknowledging an understanding of his conditions.
The probation officer believes that the offender has violated the following condition of supervision:
Violation Number Nature of Noncompliance
3 Special Condition #4: You must abstain from the use of illegal controlled substances, and submit to urinalysis and sweat patch testing, as directed by the supervising officer, but no more than 6 tests per month, in order to confirm continued abstinence from these substances.
Supporting Evidence: Mr. Kindness is alleged to have violated his conditions of supervised release by consuming a controlled substance, methamphetamine, on or about June 11, 2024.
On June 14, 2024, this officer conducted a home inspection at Mr. Kindness' listed residence. While there, this officer conducted a urinalysis (UA) test, which tested positive for amphetamine and methamphetamine. At first, Mr. Kindness denied consuming any controlled substances. Mr. Kindness then admitted he had consumed methamphetamine 2 or 3 days prior. When this officer asked Mr. Kindness what led to his recent relapse, Mr. Kindness replied it was dealing with emotions related to the 2-year anniversary of the discovery of the passing of his mother.
The U.S. Probation Office respectfully recommends the Court to incorporate the violations contained in this petition in future proceedings with the violations previously reported to the Court.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on: 06/18/2024
Kyle Mowatt U.S. Probation Officer
THE COURT ORDERS
[ ] No Action
[ ] 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.