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SUMMARY REPORT OF U.S. MAGISTRATE JUDGE AS

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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. CR06-026 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 12, 2012. The United States was represented by AUSA Nicholas

Brown and the defendant by Bruce 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, 5 years supervised release.

The conditions of supervised release included the standard conditions plus the 

requirements that defendant submit to search, participate in drug testing and treatment, 

participate in mental health treatment including MRT, provide access to financial information 

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SUMMARY REPORT OF U.S. MAGISTRATE JUDGE AS

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upon request and not associate with any known gang members. (Dkt. 264.)

On April 21, 2008, the sentence was reduced to 29 months, pursuant to the amended 

guidelines range for crack cocaine offenses. (Dkt. 365.) All other provisions of the judgment 

remained in effect.

On August 15, 2008, defendant’s probation officer reported that defendant had violated 

the conditions of supervised release by associating with a known felon. The probation officer 

recommended that the violation be addressed through the MRT program and no further action 

was taken at the time. (Dkt. 392.) After an arrest for driving with license suspended on August 

24, 2008, defendant’s supervision was modified to require participation in home confinement 

with electronic monitoring for up to 90 days. (Dkt. 396.)

On February 5, 2010, after admitting violations of supervised release for failing to 

participate in MRT as directed, failing to report as directed, committing the crime of driving 

with license suspended, associating with a convicted felon and associating with persons 

involved in criminal activity, defendant was sentenced to 30 days imprisonment and 59 months 

supervised release, including an additional requirement of 120 days participation in location 

monitoring and participation in MRT. Defendant was also prohibited from possessing any false 

identification documents. (Dkt. 439.)

On March 16, 2011, defendant admitted violating the conditions of supervised release 

by failing to comply with the location monitoring program, failing to participate in MRT, 

consuming marijuana, failing to report for urinalysis testing, and failing to report to the 

probation office as directed. (Dkt. 451.) Defendant was sentenced to four months 

imprisonment, 54 months supervised release. (Dkt. 460.)

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SUMMARY REPORT OF U.S. MAGISTRATE JUDGE AS

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In an application dated September 14, 2012 (Dkt. 600, 601), U.S. Probation Officer 

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

1. Committing the crime of conspiracy to distribute a controlled substance on or 

before August 28, 2012, in King County, Washington, in violation of the general condition that 

he not commit another federal, state or local crime.

2. Associating with Herman Roche, a convicted Felon, on or before August 18, 

2012, in violation of special condition number 9.

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

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

they occurred. (Dkt. 641.)

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

alleged in violations 1 and 2, 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 12th day of December , 2012.

/S/ MARY ALICE THEILER 

Mary Alice Theiler

United States Magistrate Judge

cc: District Judge: Honorable Robert S. Lasnik

AUSA: Nicholas Brown

Defendant’s attorney: Bruce Erickson

Probation officer: Thomas J. Fitzgerald

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