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.

ROY COLUMBUS GOLD III,

Defendant.

____________________________________

)

)

)

)

)

)

)

)

)

)

CASE NO. CR05-391-RSM

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 April 3, 2012. The United States was represented by AUSA Sarah Vogel and the defendant 

by Peter Camiel. The proceedings were digitally recorded.

Defendant had been sentenced on or about September 22, 2006 by the Honorable

Ricardo S. Martinez on a charge of Conspiracy to Distribute Cocaine and Cocaine Base, and 

sentenced to 36 months custody, five years supervised release.

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 a mental health program, be prohibited from gambling and avoid 
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

gambling activities and establishments, attend Gamblers Anonymous meeting if instructed by 

his probation officer, and provide access to financial information upon request of his probation 

officer. (Dkt. 728.)

On January 31, 2011, defendant’s probation officer reported that he used marijuana on 

December 21, 2010 and January 14, 2011. Defendant was reprimanded, referred for 

professional assessment, and testing frequency was increased. No further action was taken at 

the time. (Dkt. 1059.) on November 29, 2011, the conditions of supervised release were 

modified to require defendant to obtain the permission of his probation officer before taking 

prescription drugs. (Dkt. 1070.)

In an application dated (Dkt. 1082, 1083 ), U.S. Probation Officer Andrew Lorenzen 

alleged the following violations of the conditions of supervised release:

1. Failing to report for drug testing as directed on December 12 and 19, 2011, and 

January 3 and 25, February 1, 16 and 21, 2012 in violation of the special condition.

2. Using cocaine on or about February 1, 2012 in violation of standard condition 

number 7.

3. Failure to attend substance abuse counseling as directed, in violation of the 

special condition.

4. Gambling and entering gambling establishments in violation of the special 

condition.

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

Defendant admitted violations 2, 3 and 4 and waived any evidentiary hearing as to 

whether they occurred. Defendant denied violation 1 and requested an evidentiary hearing.
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

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

alleged in violations 2, 3, and 4, and that the Court conduct a hearing limited to the issue of 

disposition. I recommend the Court set an evidentiary hearing on alleged violation 1. The next 

hearing will be set before Judge Martinez.

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

DATED this 3rd day of April, 2012.

A

Mary Alice Theiler 

United States Magistrate Judge

cc: District Judge: Honorable Ricardo S. Martinez

AUSA: Sarah Vogel

Defendant’s attorney: Peter Camiel

Probation officer: Andrew Lorenzen