United States Judgment

USA v. Clark

On this page

Professional case brief

Research organized from the available case record

Source document

01

Holding and result

Based on the probation officer’s petition alleging a controlled-substance violation and related positive drug test/admission, the Court ordered issuance of a warrant and incorporation of the violation with the other pending violations.

Court disposition

petition granted in part; warrant issued; violation incorporated with pending violations

Orders

  • The issuance of a warrant
  • The incorporation of the violation(s) contained in the petition with the other violations pending before the Court

02

Material facts

Parties

Louis Mark Clark

Offender Under Supervision Counsel: Federal Public Defender

United States

Petitioner Counsel: Richard R. Barker, Asst. U.S. Attorney

Amounts and remedies

  • Original Sentence Prison Months: 24
  • Original Sentence Supervised Release Months: 36

03

Procedural history

  1. Posture

    Supervised Release Violation Petition / Petition and Court Order on Warrant/summons

04

Questions and positions

Legal issues

Party arguments

Applicant
The U.S. Probation Office alleged that Mr. Clark violated Special Condition #6 by using methamphetamine on or about December 7, 2021, tested positive for marijuana and methamphetamine, and admitted recent methamphetamine use; the office requested that the Court incorporate the violation with previously reported violations and proceed with future revocation proceedings.

05

Court’s reasoning

  1. 01

    Special Condition #6 in the petition

    A supervisee must abstain from illegal controlled substance use and submit to drug testing as directed under supervised release conditions.

  2. 02

    Court order

    The Court may order issuance of a warrant or summons in response to alleged supervised release violations.

06

Ratio, limits and disposition

Ratio decidendi

Based on the probation officer’s petition alleging a controlled-substance violation and related positive drug test/admission, the Court ordered issuance of a warrant and incorporation of the violation with the other pending violations.

Obiter and limits

  • Mr. Clark was set to appear for a detention hearing on December 14, 2021.

Court disposition

petition granted in part; warrant issued; violation incorporated with pending violations

  • The issuance of a warrant
  • The incorporation of the violation(s) contained in the petition with the other violations pending before the Court

Source and reliance status

Official court record

This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.

Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

Judgment

Case 2:19-cr-00035-TOR ECF No. 62 filed 12/10/21 PageID.<pageID> Page 1 of 2 PROB 12C (6/16) Report Date: December 10, 2021 United States District Court for the Eastern District of Washington Petition for Warrant or Summons for Offender Under Supervision Name of Offender: Louis Mark Clark Case Number: 0980 2:19CR00035-RMP-1 Address of Offender: Airway Heights, Washington 99001 Name of Sentencing Judicial Officer: The Honorable Rosanna Malouf Peterson, Senior U.S. District Judge Date of Original Sentence: January 14, 2020 Original Offense: Crime on Indian Reservation, Assault Resulting in Serious Bodily Injury, 18 U.S.C. §§ 113(a)(6), and 1153 Original Sentence: Prison - 24 months; TSR - 36 months Type of Supervision: Supervised Release Asst. U.S. Attorney: Richard R. Barker Date Supervision Commenced: February 26, 2021 Defense Attorney: Federal Public Defender Date Supervision Expires: February 25, 2024

PETITIONING THE COURT To incorporate the violation(s) contained in this petition in future proceedings with the violation(s) previously reported to the Court on 11/23/2021. Mr. Clark is set to appear for a detention hearing on December 14, 2021. The probation officer believes that the offender has violated the following condition(s) of supervision: Violation Number Nature of Noncompliance 7 Special Condition #6: 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 than 6 tests per month, in order to confirm continued abstinence from these substances. Supporting Evidence: Mr. Clark is alleged to have violated the terms of his supervised release by using a controlled substance, methamphetamine, on or about December 7, 2021. On February 26, 2021, the judgment and sentence was reviewed telephonically with Mr. Clark due to the COVID-19 limitations. Mr. Clark stated he understood the conditions of his term of supervised release, which included special condition number 6. Following Mr. Clark’s in initial appearance on December 9, 2021, Mr. Clark was directed to report to the probation office and was requested that he submit to a drug test. Mr. Clark tested positive for marijuana and methamphetamine. At that time, Mr. Clark denied any continued use of marijuana since

the end of October 2021. Mr. Clark, however, did admit to using methamphetamine approximately 2 days prior, on or about December 7, 2021. FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON SEAN F. MCAVOY, CLERK Dec 10, 2021 Case 2:19-cr-00035-TOR ECF No. 62 filed 12/10/21 PageID.<pageID> Page 2 of 2 Prob12C Re: Clark, Louis Mark December 10, 2021 Page 2 The U.S. Probation Office respectfully recommends the Court incorporate the violation(s) contained in this petition in future proceedings with the violation(s) previously reported to the Court. I declare under penalty of perjury that the foregoing is true and correct. Executed on: s/Emely Cubias December 10, 2021 Emely Cubias U.S. Probation Officer

THE COURT ORDERS [ ] No Action [ ] [ ] [ ] X The Issuance of a Warrant The Issuance of a Summons 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. [ ] Defendant to appear before the Magistrate Judge. X [ ] Other Signature of Judicial Officer 12/10/2021 Date

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

18 U.S.C. §§ 113(a)(6), 1153

Legislation

Legislation referenced in the available case record.

Case-aware research

Ask AI about this case

The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.

About this LexChat collection

This page organizes the available case record for research. Verify quotations, current status, and subsequent treatment against the source document. Corrections can be reported to hello@esheria.ai.

Legal information, not legal advice. Research summaries do not replace the judgment.