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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA,

Plaintiff,

v.

TRACY D. McWILLIAMS,

Defendant.

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CASE NO. CR05-452-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 March 29, 2011. The United States was represented by AUSA Andrew Colasurdo for Andrew

Friedman and the defendant by Stewart Riley. The proceedings were digitally recorded.

Defendant had been sentenced on or about September 15, 2006 by the Honorable Ricardo

S. Martinez on charges of Conspiracy and Bank Fraud, and sentenced to 21 months custody,

five years supervised release. (Dkt. 93, 101.)

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, pay restitution in the amount of

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$54,006.21, provide her probation officer with access to financial information as requested,

maintain a single checking account for all financial transactions, divulge all business interests,

disclose all assets and liabilities, be prohibited from incurring new credit charges or opening new

lines of credit without permission, and not possess any identification documents in any but her

true identity.

On December 1, 2009, defendant’s probation officer reported that she tested positive for

marijuana. Defendant was reprimanded, testing was increased, and she was referred for

professional assessment and intensive outpatient treatment. No other action was taken at the

time. (Dkt. 130.) Ono February 9, 2010, defendant’s probation officer again reported that

defendant tested positive for marijuana. She was placed in a structured testing program,

reprimanded and referred for professional assessment. No further action was taken at the time.

(Dkt. 131.)

On March 24, 2010, defendant admitted violating the conditions of supervision by failing

to make monthly restitution payments, failing to submit a 2008 federal income tax return, failing

to submit monthly reports, failing to participate in a substance abuse program as instructed, and

using cocaine and marijuana. (Dkt. 135.) In a supplement hearing on April 6, 2010, defendant

further admitted violating the conditions of supervision by using cocaine and marijuana on

additional occasions and failing to submit to mandatory drug testing. (Dkt. 142.) Defendant was

sentenced to three months in custody, 57 months supervised release. (Dkt. 149.)

In an application dated February 24, 2011 (Dkt. 165, 166), U.S. Probation Officer Sara

K. Moore alleged the following violations of the conditions of supervised release:

1. Failing to notify the probation officer at least ten days prior to any change in

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residence in violation of standard condition 6.

2. Failing to participate as directed in substance abuse treatment at Sound Mental

Health in violation of the special condition requiring the defendant to participate as instructed in

a program approved by the probation office for treatment of narcotic addiction, drug dependency,

or substance abuse.

3. Failing to notify the probation officer within 72 hours of being arrested or

questioned by a law enforcement officer on or about February 21, 2011.

Defendant was advised in full as to those charges and as to her 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 her 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, to be released

to a halfway house as soon as space is available.

DATED this 29th day of March, 2011.

A

Mary Alice Theiler

United States Magistrate Judge 

cc: District Judge: Honorable Ricardo S. Martinez

AUSA: Andrew Colasurdo, Andrew Friedman

Defendant’s attorney: Stewart Riley

Probation officer: Sara Moore

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