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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA,

Plaintiff,

v.

AWAD YIMER AYNISHER,

Defendant.

CASE NO. C06-026-RSL

PROPOSED FINDINGS OF FACT AND 

DETERMINATION AS TO ALLEGED 

VIOLATIONS OF SUPERVISED 

RELEASE

INTRODUCTION

I conducted a hearing on February 10, 2015, in a related case pending against this 

defendant (CR14-353 RSL). Defendant entered a plea of guilty to the charge of felon in 

possession in that case. At the same hearing, the parties and court addressed the pending charges 

of violations of supervised release in this case (CR 06-26 RSL). The United States was 

represented by Todd Greenberg and Andrew Friedman, and defendant was represented by 

Sandra Denton. The proceedings were digitally recorded.

CONVICTION AND SENTENCE

Defendant was sentenced in this case on July 27, 2006, on a charge of conspiracy to 

distribute cocaine base. The Hon. Robert S. Lasnik of this court sentenced defendant to 120 

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months in custody, followed by five years of supervised release.

ALLEGED VIOLATIONS AND

DEFENDANT'S ADMISSIONS

In an application dated October 7, 2014, USPO Jennifer Van Flandern alleged that 

defendant violated the conditions of supervised release in five respects:

(1) Committing the crime of felon in possession of a firearm, on or about October 5, 

2014;

(2) Committing the crime of driving while under the influence, on or about October 

5, 2014;

(3) Committing the crime of driving while license suspended, on or about October 5, 

2014;

(4) Possession a firearm, on or about October 5, 2014, in violation of general 

conditions of supervised release; and

(5) Using alcohol on or about October 5, 2014, in violation of his special condition of 

supervised release.

I advised defendant that he was entitled to an evidentiary hearing on these charges, and that the 

United States had the burden of proof as to each alleged violation. But he waived his right to 

such a hearing, admitted each of the alleged violations, and consented to have the revocation 

matter set for disposition before Judge Lasnik. The parties agreed that the disposition of the 

revocation of supervised release should be set with the sentencing hearing in the related case, CR 

14-353 RSL. That hearing has been set for June 12, 2015 at 10:30 a.m. 

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 in all five respects alleged, and conduct the disposition 

hearing.

Defendant has been detained pending a final determination by the court.

DATED this 10th day of February, 2015.

s/ John L. Weinberg 

United States Magistrate Judge

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