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PROPOSED FINDINGS OF FACT AND DETERMINATION AS 

TO ALLEGED VIOLATIONS OF SUPERVISED RELEASE - 1 

UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON 

AT SEATTLE 

UNITED STATES OF AMERICA, 

 Plaintiff, 

 v. 

DANIEL MENGISTEAB YOHANNES, 

 Defendant. 

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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 January 22, 

2010. The defendant appeared pursuant to a warrant issued in this case. The United States was 

represented by Todd Greenberg, and defendant was represented by Bruce Erickson. Also present 

was U.S. Probation Officer Thomas Fitzgerald. The proceedings were digitally recorded. 

SENTENCE AND PRIOR ACTION 

Defendant was sentenced on December 8, 2006 by the Honorable Robert S. Lasnik for 

conspiracy to Distribute Cocaine Base. He received 36 months of detention and 5 years of 

supervised release. 

PRESENTLY ALLEGED VIOLATIONS 

In a petition dated July 31, 2009, U.S. Probation Officer Thomas Fitzgerald alleged that 
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PROPOSED FINDINGS OF FACT AND DETERMINATION AS 

TO ALLEGED VIOLATIONS OF SUPERVISED RELEASE - 2 

defendant violated the following conditions of supervised release: 

1. Failing to participate in Moral Reconation Therapy (MRT) on July 8, 15, and 22, 

2009, in violation of his special condition of supervised release. 

2. Failing to report to the probation officer as directed on July 20, and 30, 2009, in 

violation of standard condition number two of his supervised release. 

In a supplemental petition dated December 11, 2009, U. S. Probation Officer Thomas 

Fitzgerald alleged that defendant violated conditions of supervision by: 

3. Committing the crime of Possession of a Controlled Substance with Intent to 

Deliver – Cocaine, on or about November 11, 2009, in violation of the general condition that he 

not commit a federal, state, and/or local crime. 

4. Possessing cocaine on or about November 11, 2009, in violation of standard 

condition number seven of his supervised release. 

5. Distributing cocaine on or about November 11, 2009, in violation of standard 

condition number seven of his supervised release. 

6. Possessing drug paraphernalia on or about November 11, 2009, in violation of 

standard condition number seven of his supervised release. 

7. Committing the crime of Driving with a Suspended License, in violation of the 

general condition that he not commit a federal, state, and/or local crime. 

8. Associating with Theresa Fox, a convicted felon, on or about November 11, 2009, 

in violation of standard condition number nine of his supervised release. 

9. Associating with persons engaged in criminal activity, on or about November 11, 

2009, in violation of standard condition number nine of his supervised release. 
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PROPOSED FINDINGS OF FACT AND DETERMINATION AS 

TO ALLEGED VIOLATIONS OF SUPERVISED RELEASE - 3 

FINDINGS FOLLOWING EVIDENTIARY HEARING 

The government withdrew violations 3, 4, 5, and 6. Defendant admitted to violations 1, 2, 

7, 8, and 9, waived any hearing as to whether they occurred, and was informed the matter would 

be set for a disposition hearing February 5, 2010 at 2:30 p.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 

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

DATED this 22nd day of January, 2010. 

A 

BRIAN A. TSUCHIDA 

United States Magistrate Judge