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

Summary

A courtroom minute entry for a preliminary hearing on a petition in USA v. Malik Breckenridge, Case No. 2:22-cr-00084, U.S. District Court for the Southern District of West Virginia, filed July 23, 2025 as Document 77. It lists Judge Omar Aboulhosn, AUSA Amy McLaughlin, CJA Panel Attorney John Balenovich and USPO Mark Ruscello. The entry records that Judge Aboulhosn received a waiver signed by the defendant and counsel, accepted it, and found probable cause to believe the defendant violated the conditions of supervision as charged in the Petition. A Revocation Hearing is set before District Judge Irene Berger on July 30, 2025, at 11:00 a.m. The judge orders that the defendant remain detained until then.

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Record facts

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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