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REPORT AND RECOMMENDATION OF

U.S. MAGISTRATE JUDGE AS TO ALLEGED

VIOLATIONS OF SUPERVISED RELEASE 

PAGE 1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA,

Plaintiff,

v. 

JAMES CHRISTOPHER AYERS,

Defendant.

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Case No. CR05–0370-RSL

SUMMARY REPORT OF U.S.

MAGISTRATE JUDGE AS TO

ALLEGED VIOLATIONS 

OF SUPERVISED RELEASE

An initial appearance and hearing regarding revocation of supervised release was held

on May 3, 2007, before the Hon. Mary Alice Theiler. At the hearing, defendant was advised

of three alleged violations of the conditions of his supervised release, advised of his rights,

and admitted to all three violations as to whether they occurred.

The defendant had been charged and convicted of Tampering with Consumer

Products on February 10, 2006, and was sentenced by the Hon. Robert S. Lasnik to 12

months plus one day in custody to be followed by three years of supervised release.

The conditions of supervised release included the requirements that the defendant

comply with all local, state, and federal laws, and with the standard conditions. Special

conditions imposed included, but were not limited to, substance-abuse and mental-health

treatment participation, financial disclosure, consent to search and seizure, and no new credit

to be obtained. 

A final hearing regarding the disposition of the three violations of his supervised

release was set before the Honorable Robert S. Lasnik, for May 23, 2007, but later

Case 2:05-cr-00370-RSL Document 46 Filed 06/26/07 Page 1 of 3
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REPORT AND RECOMMENDATION OF

U.S. MAGISTRATE JUDGE AS TO ALLEGED

VIOLATIONS OF SUPERVISED RELEASE 

PAGE 2

rescheduled for September 12, 2007, at 8:30 a.m.

Pending disposition of these violations, defendant was released subject to the terms of

his continued supervision.

On June 13, 2007, a Supplemental Violation Report was lodged against defendant,

incorporating the violations alleged with the prior violations previously reported to the Court

on April 6, 2007. A sealed Order for Warrant was issued on June 18, 2007.

In this Supplemental Violation Report, U.S. Probation Officer Angela M. McGlynn

asserted the following additional violations by defendant of the conditions of his supervised

release.

(4) Failing to report for urinalysis testing on April 26 and on May 29, 2007, in

violation of the special condition requiring the defendant to submit to urinalysis testing.

(5) Using methamphetamine on or before June 6, 2007, in violation of standard

condition number 7.

(6) Using marijuana on or before June 6, 2007, in violation of standard condition

number 7.

An initial appearance and hearing regarding revocation of supervised release for the

supplemental violations was held on June 25, 2007, before the Hon. James P. Donohue. The

government was represented by Ms. Annette Hayes, and defendant was represented by Ms.

Nancy Tenney. The proceedings were recorded on cassette tape.

The defendant was advised of the allegations, and advised of his rights. Defendant

admitted to violations 4, 5, and 6, and waived any rights to an evidentiary hearing as to

whether they occurred. 

I therefore recommend that the Court find the defendant to have violated the terms

and conditions of his supervised release as to violations 4, 5, and 6, and that the Court

incorporate these violations with the hearing limited to disposition of violations 1, 2, and 3,

which has been set before the Hon. Robert S. Lasnik, on September 12, 2007, at 8:30 a.m.

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REPORT AND RECOMMENDATION OF

U.S. MAGISTRATE JUDGE AS TO ALLEGED

VIOLATIONS OF SUPERVISED RELEASE 

PAGE 3

 Pending a final determination by the Court, the defendant has been released, subject

to the terms of continued supervision.

DATED this 26th day of June, 2007.

AJAMES P. DONOHUE

United States Magistrate Judge 

cc: District Judge: Honorable Robert S. Lasnik

AUSA: Ms. Annette Hayes

Defendant’s attorney: Ms. Nancy Tenney

Probation officer: Ms. Jennifer Van Flandern

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