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REPORT AND RECOMMENDATION OF

U.S. MAGISTRATE JUDGE AS TO ALLEGED

VIOLATIONS OF SUPERVISED RELEASE 

PAGE 1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA,

Plaintiff,

v. 

GREGORY BROWN,

Defendant.

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Case No. CR06-0035-RSM-JPD

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 November 9, 2006. The United States was represented by

Assistant United States Attorney Mr. Jeff Sullivan, and the defendant by Ms. Nancy Tenney. 

The proceedings were recorded on cassette tape.

The defendant had been charged and convicted of Conspiracy to Possess With Intent

to Distribute Methamphetamine in violation of 21 U.S.C. § 841(b)(1)(A), and on or about

September 24, 1998, was sentenced in the District of New Mexico to 121 months in custody,

to be followed by five (5) years of supervised release. 

The conditions of supervised release included the requirements that the defendant

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

conditions imposed included, but were not limited to, substance-abuse treatment participation

and no possession of firearms.

On January 20, 2006, jurisdiction of this case was transferred from the District of

New Mexico and accepted in the Western District of Washington on February 2, 2006.

In a Petition for Warrant or Summons dated October 23, 2006, and a Violation Report

Case 2:06-cr-00035-RSM Document 12 Filed 11/13/06 Page 1 of 2
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REPORT AND RECOMMENDATION OF

U.S. MAGISTRATE JUDGE AS TO ALLEGED

VIOLATIONS OF SUPERVISED RELEASE 

PAGE 2

and Request for Warrant dated October 24, 2006, U.S. Probation Officer Joe Mendez alleged

the following violations by defendant of the conditions of his supervised release: 

(1) Using marijuana on or before November 28, 2005, in violation of standard

condition number 7.

(2) Failing to submit to drug testing on April 11, 2006, May 18, 2006, June 18,

2006, July 24, 2006, August 15, 2006, and September 15, 2006, in violation of special

condition number 1. 

(3) Failing to submit monthly reports within the first five days of every month for

the months of April, May, June, July, August, and September 2006, in violation of standard

condition number 2.

The defendant was advised of the allegations and of his rights, admitted to the

allegations, and 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 1, 2, and 3, and that the Court

conduct a hearing limited to disposition. A disposition hearing has been set before the

Honorable Ricardo S. Martinez on November 17, 2006, at 10:30 a.m.

 Pending a final determination by the Court, the defendant has been released to a halfway house, subject to continued supervision and the conditions imposed.

DATED this 13th day of November, 2006.AJAMES P. DONOHUE

United States Magistrate Judge 

cc: District Judge: Honorable Ricardo S. Martinez

AUSA: Mr. Jeff Sullivan

Defendant’s attorney: Ms. Nancy Tenney

Probation officer: Mr. Joe Mendez

Case 2:06-cr-00035-RSM Document 12 Filed 11/13/06 Page 2 of 2