U.S. A. v. Batke

Citation Codes

Equivalent Citations

citation codes

Docket Number

2:22CR00094-TOR-1

Judges

Thomas O . Rice United States District Judge

Acts

Food And Drugs — Drug Abuse Prevention And Control — Control And Enforcement — Introductory Provisions — Definitions

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Smart Summary

Factual and Procedural Background

Defendant Brandon Christopher Batke was placed under pretrial release supervision on September 1, 2022, by U.S. Magistrate Judge James A. Goeke in Spokane, Washington. Among the conditions imposed was a standard prohibition against the use or unlawful possession of narcotic drugs or controlled substances, including marijuana, regardless of state authorization. On October 6, 2022, Pretrial Services Officer Erik Carlson reviewed these conditions with Mr. Batke, who acknowledged understanding them. Subsequently, on March 14, 2023, Mr. Batke submitted to a random urinalysis at his outpatient substance abuse treatment provider. The test results, confirmed on April 6, 2023, showed the presence of fentanyl and norfentanyl, constituting an alleged violation of his pretrial release conditions. This petition seeks court action based on this violation.

Legal Issues Presented

Whether Brandon Christopher Batke violated the conditions of his pretrial release by testing positive for fentanyl and norfentanyl.
What action the court should take in response to the alleged violation of pretrial release conditions.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The court’s decision was based on the official report submitted by Pretrial Services Officer Erik Carlson, which detailed the defendant’s positive urinalysis for fentanyl and norfentanyl, in violation of the pretrial release conditions. The court accepted the report’s findings as sufficient cause to take further action. The analysis focused on the clear breach of the standard condition prohibiting use of controlled substances, and the procedural history confirming the defendant’s acknowledgment of these conditions. Consequently, the court ordered the issuance of a warrant and required the defendant to appear before the Magistrate Judge, maintaining the scheduled sentencing hearing.

Holding and Implications

The court ordered the issuance of a warrant for the defendant’s arrest and required his appearance before the Magistrate Judge.

The direct effect of this decision is to initiate formal proceedings addressing the violation of pretrial release conditions by Mr. Batke. The sentencing hearing remains scheduled as previously set. No new legal precedent was established by this order.

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U.S.A. v. Batke, Brandon Christopher

Thomas O . Rice United States District Judge

PETITION FOR ACTION ON CONDITIONS OF PRETRIAL RELEASE

Thomas O . Rice United States District Judge

COMES NOW Erik Carlson, PRETRIAL SERVICES OFFICER presenting an official report upon the conduct of defendant Brandon Christopher Batke, who was placed under pretrial release supervision by the Honorable U.S. Magistrate Judge James A. Goeke, sitting in the Court at Spokane, Washington, on the 1^st day of September 2022, under the following conditions:

Standard Condition #10: Defendant shall refrain from the use or unlawful possession of a narcotic drug or other controlled substances defined in 21 U.S.C. § 802, unless prescribed by a licensed medical practitioner in conformance with Federal law. Defendant may not use or possess marijuana, regardless of whether Defendant has been authorized medical marijuana under state law.

RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS:

On October 6, 2022, the undersigned officer reviewed the conditions of pretrial release supervision with Mr. Batke. Mr. Batke acknowledged an understanding of the release conditions at that time.

Violation #1: Brandon Christopher Batke is alleged to have violated the conditions of pretrial release supervision by testing positive for the presence of fentanyl and norfentanyl on March 14, 2023.

On March 14, 2023, Mr. Batke submitted to a random urinalysis at his outpatient substance abuse treatment provider, Spokane Addiction and Recovery Center (SPARC). Subsequently, the urine specimen was sent to Cordant Health Solutions (Cordant).

On April 6, 2023, Cordant confirmed the aforementioned urine specimen tested positive for fentanyl and norfentanyl.

PRAYING THAT THE COURT WILL ORDER A SUMMONS

I declare under the penalty of perjury that the foregoing is true and correct.

Executed on: April 19, 2023

Erik Carlson U.S. Pretrial Services Officer

THE COURT ORDERS

[ ] No Action

[X ] The Issuance of a Warrant

[ ] The Issuance of a Summons

[ ] The incorporation of the violation(s) contained in this petition with the other violations pending before the Court. [ ] Defendant to appear before the Judge assigned to the case.

[ X ] Defendant to appear before the Magistrate Judge.

[X ] Other:

The sentencing hearing scheduled for 7/6/2023 remains set.