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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.

BRADLEY PAUL DUNKLING,

Defendant.

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CASE NO. CR00-599 RSL

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 29, 2009. The United States was represented by AUSA Adam Cornell and the

defendant by Michele Shaw. The proceedings were digitally recorded.

Defendant had been sentenced on or about July 20, 2001 by the Honorable Robert S.

Lasnik on a charge of Conspiracy to Distribute Marijuana and sentenced to 87 months custody,

3 years supervised release. (Dkt. 59.)

The conditions of supervised release included the standard conditions plus the

requirements that defendant submit to mandatory drug testing, participate in a drug treatment

program, abstain from alcohol, pay restitution in the amount of $10,000, provide his probation
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SUMMARY REPORT OF U.S. MAGISTRATE JUDGE AS

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officer with access to financial information, be prohibited from incurring new credit obligations

or lines of credit, not be self-employed or employed by friends, relatives or other persons

previously known to defendant unless approved by his probation officer, obtain approval for all

employment and provide verification, and not work for cash.

The conditions of supervised release were modified on March 1, 2006 to require

defendant to maintain a single checking account for all financial transactions, to divulge all

business interests to his probation officer, and to be prohibited from gambling or being involved

in any gambling establishments or activity unless approved. (Dkt. 84.) On September 19, 2007,

defendant admitted violating the conditions of supervised release by engaging in gambling and

being involved in a gambling establishment without approval. (Dkt. 92.) Defendant was

sentenced to five months in custody (the last 30 days being in a community confinement center),

28 months supervised release. (Dkt. 96.)

On February 4, 2008, defendant’s supervised release was modified to require participation

in a home confinement program with electronic monitoring for 30 days, in lieu of the community

confinement center. (Dkt. 99.)

In an application dated September 28, 2009 (Dkt. 100), U.S. Probation Officer Brian K.

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

1. Associating with James “Jamie” Barrett, a convicted felon, in violation of standard

condition 9.

2. Associating with others engaged in criminal activity, in violation of standard

condition 9.

3. Failing to disclose all assets to the probation officer in violation of his special
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SUMMARY REPORT OF U.S. MAGISTRATE JUDGE AS

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conditions of supervision.

4. Incurring new credit charges without approval of the probation officer in violation

of his special conditions of supervision.

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

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

whether they occurred.

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 Lasnik.

Pending a final determination by the Court, defendant has been released on the conditions

of supervision.

DATED this 29th day of October, 2009.

A

Mary Alice Theiler

United States Magistrate Judge

cc: District Judge: Honorable Robert S. Lasnik

AUSA: Adam Cornell

Defendant’s attorney: Michele Shaw

Probation officer: Brian K. Facklam