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PROPOSED FINDINGS OF FACT AND 

DETERMINATION AS TO VIOLATIONS OF 

SUPERVISED RELEASE -1 

UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON 

 AT SEATTLE 

UNITED STATES OF AMERICA, 

 Plaintiff, 

 v. 

ANDREW CHARLES HEFFRON, 

 Defendant. 

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Case No. CR06-79-JCC-6 

PROPOSED FINDINGS OF FACT AND 

DETERMINATION AS TO ALLEGED 

VIOLATIONS OF SUPERVISED 

RELEASE

INTRODUCTION 

 I conducted a hearing on alleged violations of supervised release in this case on June 29, 

2009. The defendant appeared pursuant to a warrant issued in this case. The United States was 

represented by Adam Cornell, and defendant was represented by Paula Deutsch. Also present 

was U.S. Probation Officer Thomas Fitzgerald. The proceedings were digitally recorded. 

SENTENCE AND PRIOR ACTION 

Defendant was sentenced on December 7, 2007 by the Honorable John C. Coughenour for 

Conspiracy to Distribute Marijuana. He received 12 months and 1 day of imprisonment and 3 

years of supervised release. 

1. On April 28, 2009, in response to his admitted alcohol consumption in March 2009, 
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PROPOSED FINDINGS OF FACT AND 

DETERMINATION AS TO VIOLATIONS OF 

SUPERVISED RELEASE -2 

a Report on Offender Under Supervision was submitted to the Court. No action was 

recommended at that time as Mr. Heffron was referred for a chemical dependency evaluation. 

2. On June 14, 2009, Mr. Heffron agreed to have his conditions modified to include 

120 days participation in the home confinement program with electronic monitoring and 

sobrietor. This modification was in response to continued alcohol consumption and an arrest for 

driving under the influence on June 5, 2009. 

PRESENTLY ALLEGED VIOLATIONS AND 

DEFENDANT'S ADMISSION OF THE VIOLATION 

In a petition and a memorandum dated June 24, 2009, U.S. Probation Officer Thomas J. 

Fitzgerald alleged that defendant violated the following conditions of supervised release: 

1. Failing to comply with the home confinement program on June 23, 2009, in violation 

of the special condition requiring he participate in the home confinement program with electronic 

monitoring and the sobrietor as directed by the probation officer for 120 days. 

2. Consuming alcohol on June 23, 2009 in violation of special condition number one of 

his supervised release. 

3. Committing the crime of driving while intoxicated on June 23, 2009, in violation of 

the general condition that he not commit another federal, state, and/or local crime. 

Defendant admitted the above violations, waived any hearing as to whether they occurred, 

and was informed the matter would be set for a disposition hearing July 10, 2009 at 9:00 a.m. 

before District Judge John C. Coughenour. Defendant was remanded to custody pending his 

disposition hearing. 

RECOMMENDED FINDINGS AND CONCLUSIONS 

Based upon the foregoing, I recommend the court find that defendant has violated the 
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PROPOSED FINDINGS OF FACT AND 

DETERMINATION AS TO VIOLATIONS OF 

SUPERVISED RELEASE -3 

conditions of his supervised release as alleged above, and conduct a disposition hearing. 

DATED this 29th day of June, 2009. 

A 

BRIAN A. TSUCHIDA 

United States Magistrate Judge