01 

02

03

04

05

06

07

08

09

10

11

12

13

14

15

16

17

18

19

20

21

22

SUMMARY REPORT 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.

DANIEL MENGISTEAB YOHANNES,

Defendant.

____________________________________

)

)

)

)

)

)

)

)

)

)

CASE NO. CR06-026-RSL

SUMMARY REPORT OF U.S.

MAGISTRATE JUDGE AS TO 

ALLEGED VIOLATIONS

OF SUPERVISED RELEASE

An initial hearing on supervised release revocation in this case was scheduled before me

on March 16, 2011. The United States was represented by AUSA Todd Greenberg and the

defendant by Bruce D. Erickson. The proceedings were digitally recorded.

Defendant had been sentenced on or about December 8, 2006 by the Honorable Robert

S. Lasnik on a charge of Conspiracy to Distribute Cocaine Base, and sentenced to 36 months

custody, five years supervised release. (Dkt. 264.)

The conditions of supervised release included the standard conditions plus the

requirements that defendant participate in a substance abuse program, abstain from alcohol,

submit to search, participate in mental health treatment, provide his probation officer with access

Case 2:06-cr-00026-RSL Document 451 Filed 03/17/11 Page 1 of 3
01 

02

03

04

05

06

07

08

09

10

11

12

13

14

15

16

17

18

19

20

21

22

SUMMARY REPORT OF U.S. MAGISTRATE JUDGE AS

TO ALLEGED VIOLATIONS OF SUPERVISED RELEASE

PAGE -2

to financial information upon request, and be prohibited from association with any known gang

members. The sentence was amended on April 21, 2008 to provide for imprisonment of 29

months, pursuant to a change in the guidelines sentence range for crack cocaine, 18 U.S.C. §

3582(c)(2), 28 U.S.C. § 994(u). (Dkt. 365.) Supervision commenced on April 28, 2008. On

August 25, 2008, defendant’s probation officer reported that defendant had violated conditions

of supervision by associating with a known felon. The alleged violation was addressed in Moral

Reconation Therapy and the Court approved the recommendation of no other action at that time.

(Dkt. 392.)

On September 11, 2008, defendant’s conditions of supervised release were modified to

require participation in home confinement with electronic monitoring for up to 90 days. (Dkt.

396.) On January 22, 2010, defendant admitted violating the conditions of supervised release by

failing to participate in Moral Reconation Therapy, failing to report to the probation officer as

directed, committing the crime of Driving with a Suspended License, associating with a known

felon, and associating with persons engaged in criminal activity. (Dkt. 434.) Defendant was

sentenced to 30 days and 59 months supervised release. He was further required to not obtain

any forms of identification in any but his true identity. (Dkt. 439.)

In an application dated August 3, 2010 (Dkt. 443, 444), U.S. Probation Officer Thomas

J. Fitzgerald alleged the following violations of the conditions of supervised release:

1. Failing to comply with the Location Monitoring Program since March 20, 2010,

in violation of the special condition requiring he participate in the Location Monitoring Program

with electronic monitoring for a period of 120 days, as directed by the probation officer.

2. Failing to participate in Moral Reconation Therapy (MRT) as directed since May

Case 2:06-cr-00026-RSL Document 451 Filed 03/17/11 Page 2 of 3
01 

02

03

04

05

06

07

08

09

10

11

12

13

14

15

16

17

18

19

20

21

22

SUMMARY REPORT OF U.S. MAGISTRATE JUDGE AS

TO ALLEGED VIOLATIONS OF SUPERVISED RELEASE

PAGE -3

5, 2010, in violation of his special condition of supervised release.

3. Consuming marijuana on or before July 7, 2010, in violation of standard condition

number seven of his supervised release.

4. Failing to report for urinalysis testing as directed on July 14, 2010, in violation

of his special condition of supervised release.

5. Failing to report to the probation officer as directed on July 16, July 20, and July

23, 2010, in violation of standard condition number two of his supervised release.

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

Defendant admitted the alleged violations and waived any evidentiary hearing as to

whether they occurred.

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

alleged, and that the Court conduct a hearing limited to the issue of disposition. The next

hearing will be set before Judge Lasnik.

Pending a final determination by the Court, defendant has been detained.

DATED this 17th day of March, 2011.

A

Mary Alice Theiler

United States Magistrate Judge 

cc: District Judge: Honorable Robert S. Lasnik

AUSA: Todd Greenberg

Defendant’s attorney: Bruce D. Erickson

Probation officer: Thomas J. Fitzgerald

Case 2:06-cr-00026-RSL Document 451 Filed 03/17/11 Page 3 of 3