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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.

KEITH WARREN ROBERTS,

Defendant.

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CASE NO. CR06-063-MJP

SUMMARY REPORT OF U.S.

MAGISTRATE JUDGE AS TO 

ALLEGED VIOLATIONS

OF SUPERVISED RELEASE

(amended)

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

on February 9, 2010. The United States was represented by AUSA Andrew Colasurdo and the

defendant by Jennifer Wellman for Michael Nance. The proceedings were digitally recorded.

Defendant had been sentenced on or about August 28, 2007 by the Honorable Marsha J.

Pechman on charges of Felon in Possession of Ammunition and Felon in Possession of a

Firearm, and sentenced to 31 months custody, 3 years supervised release. (Dkt. 56.)

The conditions of supervised release included the standard conditions plus the

requirements that defendant be prohibited from entering any establishment where alcohol is the

primary commodity for sale, participate in drug testing and treatment, abstain from alcohol,
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SUMMARY REPORT OF U.S. MAGISTRATE JUDGE AS

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submit to search, provide financial information to his probation officer upon request, not

associate with any known gang members and be prohibited from being a member of the Ghost

Riders, or wearing or displaying any gang colors or emblems.

In an application dated January 26, 2010 (Dkt. 66-67 ), U.S. Probation Officer Angela M.

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

1. Committing the crime of assault 4th degree, in violation of the special condition

prohibiting the defendant from committing any new federal, state, or local crimes.

2. Consuming alcohol on or before January 23, 2010, in violation of the special

conditions prohibiting the defendant from consuming alcohol or other intoxicants.

3. Failing to pay the mandatory penalty assessment of $200 in violation of the special

condition requiring the defendant to pay the mandatory special assessment as instructed by the

probation officer.

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

Defendant admitted alleged violation 2 and waived any evidentiary hearing as to whether

it occurred. He requested an evidentiary hearing before a Magistrate Judge on violations 1 and

3. (Dkt. 69.) On February 16, 2010, the government moved to dismiss alleged violation 1.

Defendant admitted violation 3 and waived any evidentiary hearing as to whether it occurred.

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

in violations 2 and 3, and that the Court conduct a hearing limited to the issue of disposition. I

recommend the Court dismiss violation 1.
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SUMMARY REPORT OF U.S. MAGISTRATE JUDGE AS

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

DATED this 16th day of February, 2010.

A

Mary Alice Theiler

United States Magistrate Judge 

cc: District Judge: Honorable Marsha J. Pechman

AUSA: Andrew Colasurdo

Defendant’s attorney: Jennifer Wellman, Michael Nance

Probation officer: Angela McGlynn, Lorraine Bolle