Petition/Order as to Malik Breckenridge — United States v. Breckenridge (Dkt. 68, S.D. W. Va.)

Record facts

U.S. District Court for the Southern District of West Virginia · No. 2:22-cr-00084 · Doc. 68 · 2024-07-30 · 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: 2:22CR00084-1 
 
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 eight months served on home detention 
with location 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 defendant, Malik Breckenridge, shall participate in the global positioning system (GPS) 
monitoring program for a period of 90 days and comply with home detention, as a condition 
of probation. 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. The defendant shall abide by all the requirements 
of the GPS program and follow all instructions of the probation officer.  The defendant shall 
be required to pay all or part of the costs associated with the monitoring program as 
determined by the probation officer.  
 
 
 
 
 
Case 2:22-cr-00084     Document 68     Filed 07/30/24     Page 1 of 5 PageID #: 211

Malik Breckenridge                                                                              Request for Modifying Conditions or Term  
2:22CR00084 
                 of Supervision with Consent of the Offender           
2 
 
CAUSE 
 
Violation Number 
Nature of Noncompliance 
 
 
             1. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
              2. 
 
 
 
 
 
 
 
 
 
              3. 
 
 
 
 
 
              4. 
 
 
 
 
Violation of mandatory condition number one: You must 
not commit another federal, state or local crime:  
 
On May 6, 2024, the offender was arrested by members of the 
Charleston, West Virginia, Police Department and charged 
with fleeing from law enforcement officer in vehicle showing 
a reckless indifference to safety of others. On May 15, 2024, 
the case was dismissed in the Magistrate Court of Kanawha 
County, West Virginia. 
 
According to a criminal complaint prepared by an officer from 
the Charleston, West Virginia, Police Department, as a part of 
an ongoing drug investigation, officers identified the offender 
as the driver of a Nissan Altima. An officer from the South 
Charleston, West Virginia, Police Department attempted to 
conduct a traffic stop on the vehicle pursuant to the 
investigation. Upon the officer turning on the emergency blue 
lights on his vehicle, the offender fled in the vehicle at a high 
rate of speed and disregarded stop signs. The vehicle, with three 
flat tires, and the offender were located after a police canine 
track.   
 
Violation of mandatory condition number two: You must 
not unlawfully possess a controlled substance: 
 
On June 18, 2024, the offender reported to the United States 
Probation Office in Huntington, West Virginia, and submitted 
a urine specimen that tested positive for marijuana. the offender 
admitted he smoked marijuana two weeks prior. The offender 
signed a voluntary admission form admitting to the violation 
conduct.  
 
Violation of mandatory condition number three: You must 
refrain from any unlawful use of controlled substance: 
 
This officer reasserts the conduct outlined in Violation Number 
One.  
 
Violation of special condition number two: The Defendant 
shall pay restitution in the amount of $41,666 during his 
term of probation through monthly installments of $200 
each, with the first payment being due within thirty days of 
the entry of this order, and continuing until paid in full. 
Case 2:22-cr-00084     Document 68     Filed 07/30/24     Page 2 of 5 PageID #: 212

Malik Breckenridge                                                                              Request for Modifying Conditions or Term  
2:22CR00084 
                 of Supervision with Consent of the Offender           
3 
 
               
Payments shall be paid to the Clerk of the Court at the 
following address: United States District Clerk’s Office, 
Robert C. Byrd Federal Building, United States 
Courthouse, 300 Virginia Street, East, Charleston, West 
Virginia 25301:  
 
The offender has failed to make restitution payments for the 
months of July, August, October, November, and December 
2023. He has failed to make a payment during the year of 2024. 
 
 
On November 17, 2022, the defendant commenced the term of probation. During the first eight 
months of probation, while on home incarceration, the defendant was generally compliant and 
appeared to be making positive progress in his life. After being removed from home detention, the 
offender appears to have a decline in compliant behavior by being arrested for fleeing with reckless 
indifference to the safety of others, using marijuana, and failing to pay restitution.  The defendant 
was forthcoming with the marijuana use and has been directed to immediately begin paying his 
restitution as directed by the Court.  
 
The undersigned officer respectfully recommends the defendant be directed to commence 90 days 
of GPS monitoring with home detention, as a special condition. 
 
Mr. Breckenridge, through counsel, has agreed to participate in a GPS monitoring program for 90 
days, as a special condition of supervised release. The proposed modification will impose a 
commensurate punitive sanction in lieu of submitting a petition requesting a warrant and 
subsequent revocation from the Court. In addition, GPS monitoring will allow this officer to 
closely monitor the offender’s dynamic risk factors that may lead to further noncompliance. 
 
 
 
 
 
 
 
 
 
 
 
 
           Respectfully Submitted, 
 
 
 
 
          
 
                                                        Codie Blankenship 
                                                                                        United States Probation Officer 
 
 
 
 
 
 
                         July 26, 2024 
 
 
 
 
 
 
 
 
Case 2:22-cr-00084     Document 68     Filed 07/30/24     Page 3 of 5 PageID #: 213

Malik Breckenridge                                                                              Request for Modifying Conditions or Term  
2:22CR00084 
                 of Supervision with Consent of the Offender           
4 
 
 
 
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 
 
 
 
 
 
 
 
 
The Honorable Irene C. Berger 
United States District Judge 
 
 
 
Date 
 
X
July 29, 2024
Case 2:22-cr-00084     Document 68     Filed 07/30/24     Page 4 of 5 PageID #: 214

+POBUIBO
%
#ZSOF
 
Case 2:22-cr-00084     Document 68     Filed 07/30/24     Page 5 of 5 PageID #: 215

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