Petition for Warrant or Summons for Offender Under Supervision — Misty Leanne Beck, No. 2:22CR00115-TOR (Dkt. 9, E.D. Wash.)

Summary

This Prob 12C petition, ECF No. 9 filed January 16, 2024 in United States v. Misty Leanne Beck, No. 2:22CR00115-TOR-1 in the U.S. District Court for the Eastern District of Washington, is submitted by U.S. Probation Officer Chris Heinen with a report date of January 12, 2024. It states that Beck began supervised release on January 14, 2022 after a December 16, 2016 sentence for conspiracy to distribute methamphetamine. It alleges that a sweat patch applied December 19, 2023 was confirmed positive for methamphetamine and marijuana on January 8, 2024, and that a marijuana smoking device was found at Beck's residence on December 6, 2023; Beck denied use. The court's order, signed by Judge Thomas O. Rice on January 16, 2024, marks the issuance of a summons.

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Case 2:22-cr-00115-TOR ECF No. 9 filed 01/16/24 PageID.73 Page 1 of 3
PROB 12C Report Date: January 12, 2024
(6/16)

United States District Court FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
for the
Jan 16, 2024
Eastern District of Washington SEAN F. MCAVOY, CLERK

Petition for Warrant or Summons for Offender Under Supervision

Name of Offender: Misty Leanne Beck Case Number: 0980 2:22CR00115-TOR-1
Address of Offender: , Spokane, Washington 99224
Name of Sentencing Judicial Officer: The Honorable Dana L. Christensen, U.S. District Judge
Name of Supervising Judicial Officer: The Honorable Thomas O. Rice, U.S. District Judge
Date of Original Sentence: December 16, 2016
Original Offense: Conspiracy to Distribute Methamphetamine, 21 U.S.C. §§ 846, 841(b)(1)(B)
Original Sentence: Prison - 72 Months; Type of Supervision: Supervised Release
TSR - 60 Months
Asst. U.S. Attorney: U.S. Attorney’s Office Date Supervision Commenced: January 14, 2022
Defense Attorney: Carter Liam Powers Beggs Date Supervision Expires: January 13, 2027

PETITIONING THE COURT

To issue a SUMMONS.

On August 3, 2022, Ms. Misty Beck signed her conditions relative to case number 2:22CR00115-TOR-1, indicating
that she understood all conditions as ordered by the Court.

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

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: Ms. Misty Beck is alleged to have violated mandatory condition
number 3, by ingesting methamphetamine and marijuana, previously occurring on or about
December 19, 2023, based on sweat patch testing.

Specifically, on December 19, 2023, a sweat patch was applied on Ms. Beck for the purpose
of ongoing drug monitoring. On December 26, 2023, Ms. Beck reported to the U.S.
Probation Office in Spokane, for removal of the sweat patch as directed. Ms. Beck did
indicate her continued sobriety during both application and removal of the device. Ms. Beck
did express concern that she would test positive for illicit substances based on unintended
exposure at her current place of employment. Ms. Beck was reassured that such exposure
would not exceed the minimum levels required for confirmed positive testing, unless such
exposure was of a significant and wilful nature.
Case 2:22-cr-00115-TOR ECF No. 9 filed 01/16/24 PageID.74 Page 2 of 3
Prob12C
Re: Beck, Misty Leanne
January 12, 2024
Page 2

On January 8, 2024, the laboratory confirmation report specific to Ms. Beck’s sweat patch
was received by the U.S. Probation Office, confirming Ms. Beck’s sweat patch was positive
for both methamphetamine and marijuana. On January 9, 2024, Ms. Beck reported to the
U.S. Probation Office as directed, and remained resolute in her denial of using either
substance as identified during testing.

2 Special Condition #6: The defendant shall not purchase, possess, use, distribute or
administer marijuana, or obtain or possess a medical marijuana card or prescription. This
condition supersedes standard condition number 7 with respect to marijuana only.

Supporting Evidence: Ms. Misty Beck is alleged to have violated special condition number
6, by having a marijuana smoking device containing marijuana residue within her residence,
previously occurring on December 6, 2023.

Specifically, on December 6, 2023, the undersigned officer conducted unscheduled home
contact with Ms. Beck at her residence in Spokane. As a part of the walk through, the
undersigned officer observed what appeared to be a marijuana smoking device on the shelf
in her closet. The device clearly had marijuana residue remaining within the bowl of the
device. Upon confronting Ms. Beck about the device, her husband took ownership for the
device, stating that it was his and he had previously committed to keeping the device away
from Ms. Beck in a locked storage container. Ms. Beck denied any use of the substance.

It should be noted that Ms. Beck did report to the U.S. Probation Office in Spokane, for
urinalysis testing on December 7, 2023, as directed, and did provide a urinalysis sample that
tested negative for illicit substances.

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: January 12, 2024
s/Chris Heinen
Chris Heinen
U.S. Probation Officer
Case 2:22-cr-00115-TOR ECF No. 9 filed 01/16/24 PageID.75 Page 3 of 3
Prob12C
Re: Beck, Misty Leanne
January 12, 2024
Page 3

THE COURT ORDERS

[ ] No Action
[ ] The Issuance of a Warrant
[X ] The Issuance of a Summons
[ ] Other

Thomas O. Rice
United States District Judge
January 16, 2024
Date

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