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.

ROLANDO DEL MUNDO HERNANDEZ,

Defendant.

____________________________________

)

)

)

)

)

)

)

)

)

)

CASE NO. CR06-106-RSM

SUMMARY REPORT OF U.S.

MAGISTRATE JUDGE AS TO 

ALLEGED VIOLATIONS

OF SUPERVISED RELEASE

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

January 6, 2009. The United States was represented by AUSA Jill Otake and the defendant by

Allen R. Bentley. The proceedings were digitally recorded.

Defendant had been sentenced on or about January 5, 2007 by the Honorable Ricardo S.

Martinez on a charge of Conspiracy to Commit Bank Fraud, and sentenced to 8 months custody

(30 days in home detention), 5 years supervised release. (Dkt. 229.)

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

that defendant participate in a drug program, abstain from alcohol, submit to search, pay

restitution in the amount of $73,592.13, provide access to financial information, maintain a single
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

checking account for all transactions, disclose any business interests, disclose all assets and

liabilities, be prohibited from incurring new lines of credit or obligations, refrain from selfemployment or employment by friends or relatives unless pre-approved, obtain approval for all

employment, not work for cash, provide verification of pay, and not possess any false

identification documents.

In an application dated November 15 , 2008 (Dkt. 339 ), U.S. Probation Officer Michael

S. Larsen alleged the following violations of the conditions of supervised release:

1. Failure to pay restitution as directed for the months of April, May, June, July,

August, September, and October 2008, in violation of the special condition ordering him to pay

monthly installments, of not less than 10% of his gross monthly income, toward the unpaid balance

of restitution.

2. Associating with Richard Aquino, a person engaged in criminal activity, on or

about October 26, 2008, in violation of standard condition number 9.

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. (Dkt. 352.)

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 Martinez.

/ / /

/ / /

/ / /
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

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

of supervision.

DATED this 6th day of January, 2009.

A

Mary Alice Theiler

United States Magistrate Judge

cc: District Judge: Honorable Ricardo S. Martinez

AUSA: Jill Otake

Defendant’s attorney: Allen R. Bentley

Probation officer: Michael S. Larsen