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PROPOSED FINDINGS OF FACT AND 

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UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON 

AT SEATTLE 

UNITED STATES OF AMERICA, 

 Plaintiff, 

 v. 

MERHAWI HAGOS HAILE, 

 Defendant. 

Case No. CR06-26-RSL 

PROPOSED FINDINGS OF FACT 

AND DETERMINATION AS TO 

ALLEGED VIOLATIONS OF 

SUPERVISED RELEASE 

INTRODUCTION 

I conducted a hearing on alleged violations of supervised release in this case on November 

28, 2011. The defendant appeared pursuant to a warrant issued in this case. The United States 

was represented by Andrew Friedman, and defendant was represented by Lee A. Covell. Also 

present was U.S. Probation Officer Leona Nguyen. The proceedings were digitally recorded. 

SENTENCE AND PRIOR ACTION 

Defendant was sentenced on September 6, 2006, by the Honorable Robert S. Lasnik for 

Conspiracy to Distribute Cocaine Base. He received 84 months of detention and 5 years of 

supervised release. On April 8, 2008, his sentence was reduced to 68 months. Additionally, 5 

years of supervised release was imposed with all the standard conditions and the following 

special conditions: 1) drug aftercare; 2) search: 3) financial disclosure; 4) no association with any 

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PROPOSED FINDINGS OF FACT AND 

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known gang members; 5) mental health aftercare to include MRT; and 6) if deported, the 

defendant shall not enter the United States unless granted permission. 

PRESENTLY ALLEGED VIOLATIONS 

In a petition dated August 11, 1011, U.S. Probation Officer Jennifer Tien alleged that 

defendant violated the following conditions of supervised release: 

1. Failing to work at a lawful occupation since April 2011, in violation of standard 

condition number 5. 

2. Failing to report a change in residence 10 days prior to any change, in violation of 

standard condition number 6. 

3. Failing to report a change in employment 10 days prior to any change, in violation 

of standard condition number 6. 

4. Failing to report to his probation officer on June 8, 2011, and June 9, 2011, in 

violation of standard condition number 2. 

5. Failing to report to his probation officer on July 29, 2011, in violation of standard 

condition number 2. 

6. Failing to provide a valid urine sample as instructed by stalling, on August 3, 2011, 

in violation of the special condition of drug testing. 

FINDINGS FOLLOWING EVIDENTIARY HEARING 

Defendant admitted to violation number 3 and waived any hearing as to whether it occurred. 

Defendant denied violation allegations 1, 2, 4, 5, and 6. The matter is set for an evidentiary and 

disposition hearing on December 13, 2011 at 8:30 a.m. before District Judge Robert S. Lasnik 

RECOMMENDED FINDINGS AND CONCLUSIONS 

Based upon the foregoing, I recommend the court find that defendant has violated the 

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conditions of his supervised release as alleged above, and conduct a disposition hearing. 

DATED this 28th day of November, 2011. 

A 

BRIAN A. TSUCHIDA 

United States Magistrate Judge 

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