Court filing
Petition/Order as to Malik Breckenridge — United States v. Breckenridge (Dkt. 60, S.D. W. Va.)
Filed December 19, 2022 in Malik Breckenridge; one of 47 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of West Virginia |
|---|---|
| Filed | 2022-12-19 |
U.S. District Court for the Southern District of West Virginia · No. 2:22-cr-00084 · Doc. 60 · 2022-12-19 · Docket on CourtListener
Full text
PROB 12B
United States District Court
(7/93)
for the
Southern District of West Virginia
Request for Modifying the Conditions or Terms of Supervision
with Consent of the Offender
Name of Offender: Malik Breckenridge
Case Number: 2:22CR00084
Name of Sentencing Judicial Officer:
Honorable Irene C. Berger, United States District Judge
Date of Original Sentence: November 17, 2022
Original Offense:
18 U.S.C. § 1343, Wire Fraud
Original Sentence:
60 months of probation, with the first 8 months on home detention monitored
by electronic monitoring.
Type of Supervision: Probation
Date Supervision to Commence:
November 17, 2022
Asst. U.S. Attorney:
Kathleen Robeson
Defense Attorney: Rhett H. Johnson
PETITIONING THE COURT
[ ] To extend the term of supervision for __ years, for a total term of years.
[X]
To modify the conditions of supervision as follows:
The offender, Malik Breckenridge, shall submit to random urinalysis or any drug screening
method whenever the same is deemed appropriate by the probation officer and shall
participate in a substance abuse program as directed by the probation officer. Offender shall
not use any method or device to evade a drug screen.
CAUSE
During the defendant’s term of pretrial release, he submitted urine specimens that tested positive
for illicit substances. On May 4, 2022, the defendant submitted a urine specimen that tested
positive for marijuana, oxycodone, and oxymorphone. The defendant admitted consuming a
Percocet tablet on May 3, 2022, and smoking marijuana on April 28, 2022. On August 17, 2022,
the defendant submitted a urine specimen that tested positive for oxymorphone. This officer
respectfully submits the modification to ensure the defendant refrains from illicit substance use
and address any treatment needs.
Case 2:22-cr-00084 Document 60 Filed 12/19/22 Page 1 of 4 PageID #: 200
Malik Breckenridge Request for Modifying Conditions or Term
2:22CR00084
of Supervision with Consent of the Offender
Violation Number
Nature of Noncompliance
1.
Violation of special condition number one: As a special
condition of probation, the Defendant shall be placed on
home detention for a term of 8 months as a substitute for
imprisonment. During this period, the Defendant shall
remain in his place of residence at all times except for
approved absences for gainful employment, community
service, religious services, medical care, educational or
training programs, or such other absences as the Probation
Officer specifically approves. To assure that the Defendant
complies with this condition, it shall be enforced with
electronic monitoring. The Defendant shall pay the costs of
electronic monitoring:
On November 28, 2022, the defendant failed to report to his
residence at the previously approved time. This officer
questioned the defendant as to why he arrived at his residence
late. The defendant stated he had to work later than expected.
This officer informed the defendant that he must seek approval
from this officer if there is any deviation from the previously
approved schedule. He stated he understood.
Respectfully Submitted,
Codie Blankenship
United States Probation Officer
December 19, 2022
Case 2:22-cr-00084 Document 60 Filed 12/19/22 Page 2 of 4 PageID #: 201
Malik Breckenridge
Request for Modifying Conditions or Term
2:22CR00084
of Supervision with Consent of the Offender
THE COURT ORDERS:
[ ]
No Action
[ ]
The Issuance of a Summons
[ ]
A Hearing Be Scheduled in This Matter
[ ]
Other
[ ] The Modification of Conditions as Noted Above
Honorable Irene C. Berger
United States District Judge
Date
X
December 19, 2022
Case 2:22-cr-00084 Document 60 Filed 12/19/22 Page 3 of 4 PageID #: 202
Waiver of Hearing to Modify Conditions
of Probation/Supervised Release or Extend Term of Supervision
UNITED STATES DISTRICT COURT
for the
SOUTHERN DISTRICT OF WEST VIRGINIA
MALIK BRECKENRIDGE, DOCKET NO. 2:22CR00084
I, MALIK BRECKENRIDGE, have been advised and understand that I am entitled by law to a hearing
and assistance of counsel before any unfavorable change may be made in my conditions of probation or
supervised release or before my term ofsupervision is extended. By "assistance ofcounsel," I understand that
I have the right to be represented at the hearing by counsel of my own choosing if I am able to retain counsel.
I also understand that I have the right to request the Court to appoint counsel to represent me at such a hearing
at no cost to myself if I am not able to retain counsel of my own choosing.
I further understand that I may
waive my right to a hearing after conferring with counsel or by making such waiver before a United States
Magistrate Judge.
I acknowledge that I have conferred with counsel prior to executing this waiver and I hereby willingly,
knowingly, and voluntarily waive my statutory right to a hearing and agree to the following modification(s) of
my conditions of probation or supervised release, or to the proposed extension of my term of supervision:
The offender, Malik Breckenridge, shall submit to random urinalysis or any drug screening method
whenever the same is deemed appropriate by the probation officer and shall participate in a
substance abuse program as directed by the probation officer. Offender shall not use any method
or device to evade a drug screen.
Probationer or Supervised Releasee
M~ bi&
+cbn~;ha(
Print%arne
Signature
I&)
I LQ~
Date
Print Name
Sixie(z.. ( C
z i-
Date
Case 2:22-cr-00084 Document 60 Filed 12/19/22 Page 4 of 4 PageID #: 203File and source
- File
- gov.uscourts.wvsd.234070.60.0.pdf
- Size
- 265,075 bytes
- SHA-256
- 66d510a30be36ae7d4f8b40c53d83b774b894c7d14b3d2a1f16fa00d0566325f
- Original
- PACER (login required)