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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA,

Plaintiff,

v.

HARLAN P. JAMES,

Defendant.

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CASE NO. CR05-0410-RSL

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 December 2, 2010. The United States was represented by AUSA Carl H. Blackstone and

the defendant by Michael Filipovic. The proceedings were digitally recorded.

Defendant had been sentenced on or about November 16, 2006 by the Honorable Robert

S. Lasnik on a charge of Assault Resulting in Serious Bodily Injury, and sentenced to 5 years

probation. (Dkt. 40.)

The conditions of probation included the standard conditions plus the requirements that

defendant participate in drug testing and treatment, abstain from alcohol, submit to search,

participate in a mental health program, complete 40 hours of community service, provide his

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probation officer with access to financial information upon request, and have no direct or indirect

contact with the victim without the permission of his probation officer.

Defendant’s probation officer reported on March 1, 2007 that defendant had violated the

conditions of supervision by associating with a person engaged in criminal activity, and failing

to report contact with law enforcement within 72 hours. The defendant was counseled and

corrective action was taken. No further action was taken at the time. (Dkt. 41.)

On June 27, 2007, defendant admitted violating the conditions of supervision by having

contact with several convicted felons and a person engaged in criminal activity. (Dkt. 46.) The

conditions of probation were modified to require the defendant to participate in electronic home

monitoring and Sobrietor for 180 days. (Dkt. 52, 53.) 

On July 28, 2009, defendant was found to have violated the conditions of supervision by

possessing and distributing cocaine on several occasions, by failing to report as instructed for

drug treatment, by associating with a person engaged in criminal activity, and by associating with

a convicted felon. (Dkt. 66.) Defendant was sentenced to 10 months in custody, and supervised

release for two years. (Dkt. 79.)

In an application dated October 26, 2010 (Dkt. 82-84), U.S. Probation Officer Jerrod

Akins alleged the following violations of the conditions of supervised release:

1. Consuming marijuana on or before August 19, 2010, in violation of standard

condition No. 7.

2. Consuming marijuana on or before September 14, 2010, in violation of standard

condition No. 7.

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

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condition No. 7.

4. Consuming marijuana on or before October 13, 2010, in violation of standard

condition No. 7.

 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. 87.)

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 released on the conditions

of supervision.

DATED this 2nd day of December, 2010.

A

Mary Alice Theiler

United States Magistrate Judge

cc: District Judge: Honorable Robert S. Lasnik

AUSA: Carl H. Blackstone

Defendant’s attorney: Michael Filipovic

Probation officer: Jerrod Akins

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