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Petition for Warrant or Summons for Offender Under Supervision — Charles Edward Jackson (Dkt. 12, E.D. Wash.)

Summary

In this Prob 12C petition, filed 08/03/21 as ECF No. 12 in Case 2:21-cr-00090-TOR in the Eastern District of Washington, U.S. Probation Officer Mark E. Hedge asks the court to issue a summons for Charles Edward Jackson, who is on supervised release that commenced June 4, 2021 and expires September 3, 2023. Jackson's original offense was felon in possession of a firearm, with an original sentence of 96 months in prison imposed July 10, 2012, followed by a revocation sentence of 9 months in prison. The petition alleges six violations: methamphetamine use on or about July 20 and July 27, 2021 and marijuana use on or about July 12, July 20 and July 27, 2021, based on random urine samples at Pioneer Human Services and signed admission forms, and alcohol consumption, based on a verbal admission. It states that some confirmation results were pending.

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Full text

            Case 2:21-cr-00090-TOR        ECF No. 12       filed 08/03/21      PageID.72 Page 1 of 4
 PROB 12C                                                                              Report Date: August 3, 2021
(6/16)

                                       United States District Court
                                                                                          FILED IN THE
                                                                                      U.S. DISTRICT COURT
                                                                                EASTERN DISTRICT OF WASHINGTON
                                                      for the

                                        Eastern District of Washington
                                                                                 Aug 03, 2021
                                                                                      SEAN F. MCAVOY, CLERK


                   Petition for Warrant or Summons for Offender Under Supervision


 Name of Offender: Charles Edward Jackson                   Case Number: 0980 2:21CR00090-TOR-1
 Address of Offender:                             , Spokane, Washington 99217
 Name of Sentencing Judicial Officer: The Honorable Brian Morris, U.S. District Judge
 Name of Supervising Judicial Officer: The Honorable Thomas O. Rice, U.S. District Judge
 Date of Original Sentence: July 10, 2012
 Original Offense:          Felon in Possession of a Firearm, 18 U.S.C. § 922(g)(1)
 Original Sentence:         Prison - 96 months;             Type of Supervision: Supervised Release
                            TSR - 36 months
 Revocation Sentence:       Prison - 9 months;
 (January 6, 2020)          TSR - 27 months
 Asst. U.S. Attorney:       David Michael Herzog            Date Supervision Commenced: June 4, 2021
 Defense Attorney:          Federal Public Defender         Date Supervision Expires: September 3, 2023


                                         PETITIONING THE COURT

To issue a summons.

The probation officer believes that the offender has violated the following condition(s) of supervision:


             1          Mandatory Condition #3: You must refrain from any unlawful use of a controlled
                        substance. You must submit to one drug test within 15 days of release from imprisonment
                        and at least two periodic drug tests thereafter, as determined by the court.

                        Supporting Evidence: It is alleged that Mr. Jackson violated the above-stated condition of
                        supervision by consuming methamphetamine, an illegal controlled substance, on or about
                        July 20, 2021. On July 20, 2021, Mr. Jackson provided a random urine sample at Pioneer
                        Human Services. The sample resulted in a positive test for methamphetamine and was sent
                        to Alere Toxicology for confirmation. The test results of this sample returned positive for
                        methamphetamine on July 31, 2021. Furthermore, Mr. Jackson signed an admission form
                        admitting use of a controlled substance.

                        On July 7, 2021, Mr. Jackson reviewed his judgment with the undersigned officer.
                        Specifically, Mr. Jackson was made aware by his U.S. probation officer that he must refrain
                        from any unlawful use of controlled substances.
          Case 2:21-cr-00090-TOR      ECF No. 12        filed 08/03/21      PageID.73 Page 2 of 4
Prob12C
Re: Jackson, Charles Edward
August 3, 2021
Page 2

           2        Mandatory Condition #3: You must refrain from any unlawful use of a controlled
                    substance. You must submit to one drug test within 15 days of release from imprisonment
                    and at least two periodic drug tests thereafter, as determined by the court.

                    Supporting Evidence: It is alleged that Mr. Jackson violated the above-stated condition of
                    supervision by consuming methamphetamine, an illegal controlled substance, on or about
                    July 27, 2021. On July 27, 2021, Mr. Jackson provided a random urine sample at Pioneer
                    Human Services. The sample resulted in a positive test for methamphetamine and was sent
                    to Alere Toxicology for confirmation. The test results of this sample are pending.
                    Furthermore, Mr. Jackson signed an admission form admitting use of a controlled substance.

                    On July 7, 2021, Mr. Jackson reviewed his judgment with the undersigned officer.
                    Specifically, Mr. Jackson was made aware by his U.S. probation officer that he must refrain
                    from any unlawful use of controlled substances.


           3        Special Condition #2: The defendant shall abstain from the consumption of alcohol and shall
                    not enter establishments where alcohol is the primary item of sale.

                    Supporting Evidence: It is alleged that Mr. Jackson violated the above-stated condition of
                    supervision by consuming alcoholic beverages. On July 26, 2021, the undersigned officer
                    established communication with a Pioneer Human Services counselor regarding Mr.
                    Jackson’s self-admission to daily alcohol consumption during his initial assessment. When
                    this officer contacted Mr. Jackson regarding this, he denied consuming alcohol daily.
                    However, he did verbally admit he consumed alcohol approximately 2 weeks ago.

                    On July 7, 2021, Mr. Jackson reviewed his judgment with the undersigned officer.
                    Specifically, Mr. Jackson was made aware by his U.S. probation officer that he must abstain
                    from the consumption of alcohol.


           4        Special Condition #5: The defendant shall not purchase, possess, use, distribute, or
                    administer marijuana, including that is used for medicinal purposes under state law.

                    Supporting Evidence: It is alleged that Mr. Jackson violated the above-stated condition of
                    supervision by consuming marijuana, an illegal controlled substance, on or about July 12,
                    2021. On July 12, 2021, Mr. Jackson provided a random urine sample at Pioneer Human
                    Services. The sample resulted in a positive test for marijuana and was sent to Alere
                    Toxicology for confirmation. The test results of this sample returned positive for marijuana
                    on July 21, 2021. Furthermore, Mr. Jackson signed an admission form admitting use of a
                    controlled substance.

                    On July 7, 2021, Mr. Jackson reviewed his judgment with the undersigned officer.
                    Specifically, Mr. Jackson was made aware by his U.S. probation officer that he shall not use
                    marijuana.
          Case 2:21-cr-00090-TOR         ECF No. 12        filed 08/03/21      PageID.74 Page 3 of 4
Prob12C
Re: Jackson, Charles Edward
August 3, 2021
Page 3

           5          Special Condition #5: The defendant shall not purchase, possess, use, distribute, or
                      administer marijuana, including that is used for medicinal purposes under state law.

                      Supporting Evidence: It is alleged that Mr. Jackson violated the above-stated condition of
                      supervision by consuming marijuana, an illegal controlled substance, on or about July 20,
                      2021.

                      On July 20, 2021, Mr. Jackson provided a random urine sample at Pioneer Human Services.
                      The sample resulted in a positive test for marijuana and was sent to Alere Toxicology for
                      confirmation. The test results of this sample returned positive for marijuana on July 31, 2021.
                      Furthermore, Mr. Jackson signed an admission form admitting use of a controlled substance.

                      On July 7, 2021, Mr. Jackson reviewed his judgment with the undersigned officer.
                      Specifically, Mr. Jackson was made aware by his U.S. probation officer that he shall not use
                      marijuana.


           6          Special Condition #5: The defendant shall not purchase, possess, use, distribute, or
                      administer marijuana, including that is used for medicinal purposes under state law.

                      Supporting Evidence: It is alleged that Mr. Jackson violated the above-stated condition of
                      supervision by consuming marijuana, an illegal controlled substance, on or about July 27,
                      2021.

                      On July 27, 2021, Mr. Jackson provided a random urine sample at Pioneer Human Services.
                      The sample resulted in a positive test for marijuana and was sent to Alere Toxicology for
                      confirmation. The test results of this sample are pending. Furthermore, Mr. Jackson signed
                      an admission form admitting use of a controlled substance.

                      On July 7, 2021, Mr. Jackson reviewed his judgment with the undersigned officer.
                      Specifically, Mr. Jackson was made aware by his U.S. probation officer that he shall not use
                      marijuana.

The U.S. Probation Office respectfully recommends the Court issue a summons requiring the offender to appear to
answer to the allegation(s) contained in this petition.

                                          I declare under penalty of perjury that the foregoing is true and correct.
                                                            Executed on:     August 3, 2021
                                                                             s/Mark E. Hedge
                                                                             Mark E. Hedge
                                                                             U.S. Probation Officer
Case 2:21-cr-00090-TOR   ECF No. 12   filed 08/03/21   PageID.75 Page 4 of 4


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