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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.

JOHN A. ALDERSON,

Defendant.

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CASE NO. CR05-339-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 August 30, 2007. The United States was represented by AUSA Kathryn A. Warma and

the defendant by Thomas Hillier The proceedings were digitally recorded.

Defendant had been sentenced in the Eastern District of Washington (Case No. 99-

CR02044) on or about November 16, 1999 by the Honorable Robert H. Whaley on a charge of

Distribution of a Controlled Substance, and sentenced to 60 months custody, 5 years supervised

release, (Dkt. 4.)

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

that defendant be prohibited from possessing a firearm, submit to drug testing, and attend drug

treatment. (Dkt. 4, pg. 6)

Jurisdiction was transferred to this District on September 9, 2005 and assigned to the

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SUMMARY REPORT OF U.S. MAGISTRATE JUDGE AS

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Honorable James L. Robart. (Dkt. 1.)

On December 20, 2005, defendant admitted to violating the conditions of supervised

release by leaving the judicial district without permission (two counts), using marijuana, failing to

submit monthly supervision reports, failing to report to the probation office as instructed, and

failing to report for urinalysis testing. (Dkt. 11.) The defendant was sentenced to time served and

twenty-four months supervised release. (Dkt. 15.) On April 5, 2006, defendant’s supervised

release was modified to require satisfactory participation in a community corrections center for

90 days. (Dkt. 16.) On January 29, 2007, defendant’s supervised release was modified to require

participation in a home confinement program with electronic monitoring for 60 days. (Dkt. 17.)

On April 25, 2007, defendant admitted to violating the conditions of supervised release by

failing to comply with the home confinement program. (Dkt. 23.) He was sentenced to the special

conditions of supervised release. Home confinement was not re-imposed. (Dkt. 27.)

In an application dated July 26, 2007 (Dkt. 28), Senior 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 before July 1, 2007, in violation of

RCW 46.61.502 and the general condition that the defendant not violate any federal, state or local

laws.

2. Driving on a Suspended License in the Third Degree, on or before July 1, 2007,

in violation of RCW 46.20.345, and the general condition that the defendant not violate any

federal, state or local laws.

3. Failing to report to the probation officer any law enforcement contact within 72

hours of being arrested or questioned by law enforcement on or about July 1, 2007, in violation

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of standard condition number 11.

In an application dated August 21, 2007 (Dkt. 34), Senior U.S. Probation Officer Jennifer

J. Tien alleged the following additional violations of the conditions of supervised release, which

were incorporated into the previously reported violations:

4. Failing to report for urinalysis testing as directed via the drug code-a-phone, on

August 6, 2007, in violation of the special condition of drug aftercare.

5. Failing to submit a truthful monthly supervision report for the month of July 2007,

in violation of standard condition number 2.

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

Defendant admitted alleged violations 3, 4, and 5 and waived any evidentiary hearing as

to whether they occurred. The government moved to dismiss violations 1 and 2. (Dkt. 36.)

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

in violations 3, 4, and 5, and that the Court conduct a hearing limited to the issue of disposition.

 I recommend that the Court dismiss violations 1 and 2. The next hearing will be set before Judge

Robart.

Pending a final determination by the Court, defendant has been released on the conditions

of supervision, plus electronic monitoring.

DATED this 31st day of August, 2007.

A

Mary Alice Theiler

United States Magistrate Judge 

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cc: District Judge: Honorable James L. Robart

AUSA: Kathryn Warma

Defendant’s attorney: Thomas Hillier

Probation officer: Jennifer J. Tien

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