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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.

LISE BUSCHER,

Defendant.

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CASE NO. CR05-366-RSL

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 November 19, 2007. The United States was represented by AUSA J. Tate London and the

defendant by Jay Stansell . The proceedings were digitally recorded.

Defendant had been sentenced on or about April 16, 2004 by the Honorable Marvin Katz

in the Eastern District of Pennsylvania on a charge of Mail Fraud and Wire Fraud, and sentenced

to 12 months custody, three years supervised release. (Dkt. 4, page 12). The case was transferred

to this District for supervision on September 29, 2005. (Dkt. 1.)

The conditions of supervised release included the standard conditions plus the requirement

that defendant pay restitution in the amount of $28,290.00.

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SUMMARY REPORT OF U.S. MAGISTRATE JUDGE AS

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On July 3, 2006, the conditions of supervision were modified to require residence in a

halfway house for up to 120 days. (Dkt. 13.) On July 13, 2006, the defendant admitted violating

the conditions of supervision by committing the crime of unlawful issuance of bank checks, failing

to notify the probation officer within 72 hours of being arrested, failing to follow the instructions

of the probation officer, failing to submit truthful and complete monthly reports, failing to pay

restitution, failing to notify third parties as required, and being self-employed and accepting

employment without approval of her probation officer. (Dkt. 15.). Defendant was required to

reside in a halfway house for up to 270 days and supervised release was reimposed for 34 months.

(Dkt. 20, 21). Additional conditions of release were imposed requiring defendant to submit to

drug testing, and abstain from the use of alcohol and participate in alcohol treatment.

On February 16, 2007, defendant’s probation officer reported that she had used alcohol

on two occasions. She was reprimanded, placed in a structured testing program, and the

frequency of testing was increased. No further action was taken at the time. (Dkt. 22.)

On May 1, 2007, defendant admitted violating the conditions of supervision by using

alcohol, failing to file monthly reports, failing to report to her probation officer as directed, failure

to attend Moral Reconation Therapy (MRT) and failing to report a change in residence. (Dkt. 32.)

Defendant was sentenced to 75 days imprisonment (with credit for time served) followed by 33

months supervised release, to include residence in a residential reentry center program for up to

120 days. (Dkt. 36.) Defendant’s supervision was modified on October 11, 2007 to require up

to an additional 60 days in the residential reentry center. (Dkt. 37.)

In an application dated November 16, 2007 (Dkt. 38), Senior U.S. Probation Officer

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

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SUMMARY REPORT OF U.S. MAGISTRATE JUDGE AS

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1. Using alcohol on or before November 7, 2007 in violation of the special condition

that she abstain from alcohol.

2. Failing to report for a random Breathalyzer test on November 14, 2007, in violation

of the special condition of alcohol aftercare.

3. Failing to report as instructed for a mental health assessment on November 15,

2007, in violation of the special condition of mental health aftercare.

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

Defendant admitted the alleged violations and waived any evidentiary hearing as to

whether they occurred. (Dkt. 42.) 

I therefore recommend the Court find defendant violated her 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 Lasnik.

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

DATED this 19th day of November, 2007.

A

Mary Alice Theiler

United States Magistrate Judge 

cc: District Judge: Honorable Robert S. Lasnik

AUSA: J. Tate London

Defendant’s attorney: Jay Stansell

Probation officer: Jennifer J. Tien

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