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SUMMARY REPORT OF U.S. MAGISTRATE JUDGE AS

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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA,

Plaintiff,

v.

MANUEL DAVID HANNS,

Defendant.

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CASE NO. CR05-0411-JLR

SUMMARY REPORT OF U.S.

MAGISTRATE JUDGE AS TO 

ALLEGED VIOLATIONS

OF SUPERVISED RELEASE

An initial hearing on a petition for violation of supervised release was held before the

undersigned Magistrate Judge on August 1, 2006. The United States was represented by Assistant

United States Attorney Norman Barbosa, and the defendant by Mr. Ralph Hurvitz. The

proceedings were recorded on cassette tape.

The defendant had been charged and convicted of Bank Fraud. On or about June 19,

2006, defendant was sentenced by the Honorable James L. Robart to a term of eighty-one (81)

days in custody, followed by five (5) years of supervised release.

The conditions of supervised release included the requirements that the defendant comply

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SUMMARY REPORT OF U.S. MAGISTRATE JUDGE AS

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

imposed included, but were not limited to, participation in a treatment for narcotic addiction to

include testing to determine if he has reverted to the use of drugs, submission to search, and

participation in a community corrections center program for a period of 120 days.

In a Petition for Warrant or Summons, dated July 31, 2006, Senior U.S. Probation Officer

Felix Calvillo, Jr, asserted the following violations by defendant of the conditions of his supervised

release:

(1) Failure to satisfactorily participate in a community corrections center program for

120 days, by being terminated on or about July 21, 2006, in violation of the special condition of

supervision.

(2) Using cocaine on or before July 21, 2006, in violation of the special condition of

supervision and standard condition No. 7.

The defendant was advised of his rights, entered denials and this matter was set for an

evidentiary hearing on August 7, 2006. Pending the evidentiary hearing, the defendant was

detained. At the evidentiary hearing on August 7, 2006, the defendant was again advised of his

right to a hearing on the alleged violations. He admitted violations numbers 1 and 2,

acknowledging that as to violation number 1, he had been terminated from the program. He

further waived any rights to an evidentiary hearing as to whether the violations occurred.

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

conditions of his supervised release as to violations numbers 1 and 2, and that the Court conduct

a hearing limited to disposition. A disposition hearing on these violations has been set before the

Honorable James L. Robart on Tuesday, August 22 , 2006, at 10 a..m.

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

DATED this 7th day of August, 2006.

s/ James P. Donohue 

United States Magistrate Judge

cc: District Judge: Honorable James L. Robart

AUSA: Mr. Norman Barbosa

Defendant’s attorney: Mr. Ralph Hurvitz

Probation officer: Mr. Felix Calvillo, Jr. 

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