USA v. Clark
- Status
- Judgment
- Jurisdiction
- United States
- Posture
- Supervised Release Violation Petition / Petition and Court Order on Warrant/summons
On this page
Professional case brief
Research organized from the available case record
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 DefenderUnited States
Petitioner Counsel: Richard R. Barker, Asst. U.S. AttorneyAmounts and remedies
- Original Sentence Prison Months: 24
- Original Sentence Supervised Release Months: 36
03
Procedural history
Posture
Supervised Release Violation Petition / Petition and Court Order on Warrant/summons
04
Questions and positions
Legal issues
- 01
Whether to issue a warrant or summons based on alleged supervised release violations.
- 02
Whether to incorporate the new violation allegations with previously reported violations pending before the Court.
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
Legal principles
- 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.
- 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.
Court record
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
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