01 

02

03

04

05

06

07

08

09

10

11

12

13

14

15

16

17

18

19

20

21

22

SUMMARY REPORT 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.

MOHAMUD HASSAN ALI,

Defendant.

____________________________________

)

)

)

)

)

)

)

)

)

)

CASE NO. CR05-316-JLR

SUMMARY REPORT OF U.S.

MAGISTRATE JUDGE AS TO 

ALLEGED VIOLATIONS

OF SUPERVISED RELEASE

An evidentiary hearing on supervised release revocation in this case was scheduled before

me on February 25, 2010. The United States was represented by AUSA Todd Greenberg and the

defendant by Peter Camiel. The proceedings were digitally recorded.

Defendant had been sentenced on or about February 27, 2006 by the Honorable James L.

Robart on a charge of Possession with Intent to Distribute Cocaine Base, and sentenced to 36

months custody, 3 years supervised release. (Dkt. 65.)

The conditions of supervised release included the standard conditions plus the

requirements that defendant be prohibited from the use of alcohol, participate in drug testing and

treatment, submit to search, provide his probation officer with financial information as requested,
01 

02

03

04

05

06

07

08

09

10

11

12

13

14

15

16

17

18

19

20

21

22

SUMMARY REPORT OF U.S. MAGISTRATE JUDGE AS

TO ALLEGED VIOLATIONS OF SUPERVISED RELEASE

PAGE -2

maintain a single checking account for all transactions, disclose all assets and liabilities, be

prohibited from incurring new lines of credit or credit obligations, be prohibited from possessing

any identification in any but his true identity, and, if deported, not reenter the United States

without permission.

On September 8, 2009, the conditions of supervision were modified to require defendant

to participate in a home confinement program with electronic monitoring for up to 90 days. (Dkt.

98)

In an application dated February 8, 2010 (Dkt. 100, 101), U.S. Probation Officer Jennifer

J. Tien alleged the following violations of the conditions of supervised release:

1. Driving Under the Influence of Alcohol on or about June 16, 2009, in violation

of the general condition that the defendant not commit any federal, state or local crimes.

2. Failing to report law enforcement contact on or about June 16, 2009, in violation

of standard condition number 11.

3. Using marijuana on or about January 15, 2010, in violation of standard condition

number 7.

4. Failing to report to the probation officer on February 2, 2010, in violation of

standard condition number 2.

5. Failing to notify the probation officer at least 10 days prior to any change in

residence on or before February 3, 2010, in violation of standard condition number 6.

6. Failing to report to the probation officer on February 4, 2010, in violation of

standard condition number 2.

Defendant was advised in full as to those charges and as to his constitutional rights.
01 

02

03

04

05

06

07

08

09

10

11

12

13

14

15

16

17

18

19

20

21

22

SUMMARY REPORT OF U.S. MAGISTRATE JUDGE AS

TO ALLEGED VIOLATIONS OF SUPERVISED RELEASE

PAGE -3

The government moved to amend violation 1 to allege the commission of the crime of

Negligent Driving, to reflect the Defendant’s guilty plea to that charge in Snohomish County.

Defendant admitted the alleged violations, including violation 1 as amended, and waived any

evidentiary hearing as to whether they occurred. (Dkt. 106.)

I therefore recommend the Court find defendant violated his supervised release as

alleged, and that the Court conduct a hearing limited to the issue of disposition. The next

hearing will be set before Judge Robart.

Pending a final determination by the Court, defendant has been detained.

DATED this 25th day of February, 2010.

A

Mary Alice Theiler

United States Magistrate Judge

cc: District Judge: Honorable James L. Robart

AUSA: Todd Greenberg

Defendant’s attorney: Peter Camiel

Probation officer: Jennifer J. Tien