Preliminary Hearing on Petition for Warrant — United States v. Breckenridge (Dkt. 77, S.D. W. Va.)

Record facts

U.S. District Court for the Southern District of West Virginia · No. 2:22-cr-00084 · Doc. 77 · 2025-07-23 · Docket on CourtListener

Full text

Courtroom Minute Entry 
 
Room: WVSD-07027 
Case No.: 2:22-cr-00084 
Type: Preliminary 
Caption: USA v. Malik Breckenridge 
Judge: Omar Aboulhosn 
 
Started: 7/23/2025 11:34:09 AM 
Ends: 
7/23/2025 11:46:57 AM 
Length: 00:12:49 
 
11:34:10 AM 
Judge Omar Aboulhosn 
11:34:11 AM 
Courtroom Deputy Tammy Davis 
11:34:11 AM 
Court Reporter Court Smart 
11:34:13 AM 
AUSA Amy McLaughlin 
11:34:14 AM 
CJA Panel Attorney John Balenovich 
11:34:16 AM 
Defendant Malik Breckenridge 
11:34:25 AM 
USPO Mark Ruscello 
11:34:37 AM 
PRELIMINARY HEARING ON PETITION 
11:35:27 AM 
Recording Paused 
11:36:54 AM 
Recording Resumed 
11:37:46 AM 
Judge Omar Aboulhosn 
11:37:47 AM 
Calls case. 
11:37:52 AM 
Counsel, please note your appearance for the record. 
11:37:54 AM 
AUSA Amy McLaughlin 
11:37:56 AM 
States appearance on behalf of the United States. 
11:37:58 AM 
CJA Panel Attorney John Balenovich 
11:38:02 AM 
States appearance on behalf of the defendant who is present. 
11:38:03 AM 
Judge Omar Aboulhosn 
11:38:05 AM 
We are here today for a Preliminary Hearing previously set by the Court. 
11:38:10 AM 
I have received a Waiver signed by the defendant and counsel. 
11:38:25 AM 
The Court accepts the waiver, and it will be filed with the Clerk's Office. Based upon said 
11:38:27 AM 
signed waiver, the Court finds probable cause to believe the defendant violated the 
11:38:28 AM 
conditions of supervision as charged in the Petition. 
11:38:34 AM 
Therefore, the defendant shall next appear for a Revocation Hearing before 
11:38:39 AM 
District Judge Irene Berger on July 30, 2025, at 11:00 a.m. 
11:39:01 AM 
CJA Panel Attorney John Balenovich 
11:39:03 AM 
Would move for bond, your honor. 
11:39:15 AM 
Judge Omar Aboulhosn 
11:39:17 AM 
What is the United States position? 
11:39:23 AM 
AUSA Amy McLaughlin 
11:39:24 AM 
Addresses the Court. 
11:40:36 AM 
Judge Omar Aboulhosn 
11:40:39 AM 
Reads over the probation summary. 
11:40:51 AM 
You may proceed. 
11:40:58 AM 
AUSA Amy McLaughlin 
11:41:02 AM 
Proffers to the Court as to the defendant's actions. 
11:41:25 AM 
Discusses Kanawha County incident. 
11:41:33 AM 
CJA Panel Attorney John Balenovich 
11:41:39 AM 
Would ask the Court for GPS Electronic Monitoring. 
11:41:55 AM 
He was placed on that before and there was no problem. 
11:42:11 AM 
Judge Omar Aboulhosn 
11:42:20 AM 
If he is on GPS Monitoring, how is that different if I tell him to get drug testing and he doesn't go? 
11:42:40 AM 
Why does he ignore and not pay attention to the Court Order? 
11:42:58 AM 
Why does he get to choose what he complies with? 
11:43:14 AM 
CJA Panel Attorney John Balenovich 
11:43:17 AM 
Proffers to the Court. 
11:43:25 AM 
Judge Omar Aboulhosn 
11:43:27 AM 
I am just being frank. A simple thing of going to go get drug tested every month - and he fails to do that. 
11:44:07 AM 
It’s not that he missed it - he just hasn't gone. 
11:44:17 AM 
He has failed to follow through. 
11:44:35 AM 
CJA Panel Attorney John Balenovich 
11:44:47 AM 
He can follow the rules and get back on track. There is motivation for him to do so. 
Case 2:22-cr-00084     Document 77     Filed 07/23/25     Page 1 of 2 PageID #: 227

11:45:10 AM 
Judge Omar Aboulhosn 
11:45:13 AM 
The question before the Court is releasing the defendant on bond. 
11:45:24 AM 
Outlines arguments before the Court. 
11:45:40 AM 
These aren't the most serious violations, but he failed to do the basic rule of getting drug tested and you 
11:46:17 AM 
haven't done any of them. 
11:46:20 AM 
I will order he remain detained until the Revocation Hearing before Judge Berger. 
11:46:33 AM 
I don't feel I can put conditions on him that he will follow. 
11:46:43 AM 
Is there anything else we need to take care of counsel? 
11:46:44 AM 
The defendant is remanded to the custody of the US Marshals Service pending the Final 
11:46:46 AM 
Revocation Hearing.  
Hearing adjourned. 
Case 2:22-cr-00084     Document 77     Filed 07/23/25     Page 2 of 2 PageID #: 228

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