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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.

ROLANDO DEL MUNDO HERNANDEZ,

Defendant.

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CASE NO. CR06-106 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 October 14, 2009. The United States was represented by AUSA Jill Otake and the defendant

by Allen R. Bentley. The proceedings were digitally recorded.

Defendant had been sentenced on or about January 5, 2007 by the Honorable Ricardo S.

Martinez on a charge of Conspiracy to Commit Bank Fraud, and sentenced to 8 months custody

(30 days in home detention), 5 years supervised release. (Dkt. 229.)

The conditions of supervised release included the standard conditions plus the

requirements that defendant participate in a drug program, abstain from alcohol, submit to

search, pay restitution in the amount of $73,592.13, provide access to financial information,

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maintain a single checking account for all transactions, disclose any business interests, disclose

all assets and liabilities, be prohibited from incurring new lines of credit or obligations, refrain

from self-employment or employment by friends or relatives unless pre-approved, obtain

approval for all employment, not work for cash, provide verification of pay, and not possess any

false identification documents. 

On January 6, 2009, defendant admitted violating the conditions of supervised release by

failing to pay restitution and associating with a person engaged in criminal activity. (Dkt. 353.)

 Defendant’s supervised release was modified to require participation in a home confinement

program with electronic monitoring for 120 days and a prohibition against gambling. (Dkt. 355.)

In an application dated September 14, 2009 (Dkt. 359 ), U.S. Probation Officer Michael

S. Larsen alleged the following violation of the conditions of supervised release:

1. Using methamphetamine on or about August 9, 2009, in violation of standard

condition number 7.

Defendant was advised in full as to the charge and as to his constitutional rights.

Defendant admitted the alleged violation and waived any evidentiary hearing as to

whether it occurred. (Dkt. 361.)

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 Martinez.

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

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DATED this 14th day of October, 2009.

A

Mary Alice Theiler

United States Magistrate Judge 

cc: District Judge: Honorable Ricardo S. Martinez

AUSA: Jill Otake

Defendant’s attorney: Allen R. Bentley

Probation officer: Michael S. Larsen

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