FILED
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF WYOMING
4:49 pm, 11/4/20
IN THE MATTER OF: Margaret Botkins
Clerk of Court
AMENDMENT TO MANDATORY General Order No. 2020-14
CONDITION NO. 3 OF PROBATION
AND SUPERVISED RELEASE
ORDER AMENDING MANDATORY CONDITIONS OF
PROBATION AND SUPERVISED RELEASE
This order addresses recent changes to the law on Mandatory Condition Three of
Supervised Release and Probation. This “drug testing” condition currently provides:
The defendant shall refrain from any unlawful use of a controlled substance and
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) for use of a controlled
substance, but the condition stated in this paragraph may be ameliorated or
suspended by the court for any individual defendant if the defendant's presentence
report or other reliable information indicates a low risk of future substance abuse
by the defendant.
(See Order Establishing Mandatory and Standard Conditions of Supervised Release and Probation,
District of Wyoming, Oct. 13, 2016). To avoid any issues with the Tenth Circuit Court of Appeals
ruling in United States v. Eldon Miller, --- F.3d ---, Case 19-2156 (Oct. 20, 2020), this provision
will be amended. Therefore, it is hereby
ORDERED that Mandatory Condition No. 3 of Probation and Supervised Release is hereby
Amended as follows:
The defendant shall refrain from any unlawful use of a controlled substance and
must submit to one drug test within 15 days of release from imprisonment and at
least at least two periodic drug tests thereafter, not to exceed ten (10) drug tests
per month, for use of controlled substance, but the condition stated in this
paragraph may be ameliorated or suspended by the court for any individual
defendant if the defendant's presentence report or other reliable information
indicates a low risk of future substance abuse by the defendant.
The United States Probation Office for the District of Wyoming shall advise all Defendants as to
this amendment.
Dated this 4th day of November, 2020.
Scott W. Skavdahl
Chief U.S. District Court Judge
