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PROPOSED FINDINGS OF FACT AND DETERMINATION AS 

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UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON 

AT SEATTLE 

UNITED STATES OF AMERICA, 

 Plaintiff, 

v. 

ANTHONY EDWARDS, 

 Defendant. 

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Case No. CR05-452-RSM 

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 January 24, 

2011. The defendant appeared pursuant to a warrant issued in this case. The United States was 

represented by Andrew Friedman, and defendant was represented by Lee Covell. Also present 

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

SENTENCE AND PRIOR ACTION 

Defendant was sentenced on September 8, 2006 by the Honorable Ricardo S. Martinez for 

Conspiracy to Commit Bank Fraud and to Misrepresent Social Security Numbers, and Bank 

Fraud. He received 18 months of detention and 5 years of supervised release. 

On May 27, 2008, due to Mr. Edwards’ consumption of marijuana, a violation report was 

submitted to the Court. No action was recommended and approved. 

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PROPOSED FINDINGS OF FACT AND DETERMINATION AS 

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On January 9, 2009, the Court modified Mr. Edwards’ conditions to include 120 days of 

location monitoring. L The modification was in response to the new theft charges and alleged 

marijuana use. 

On March 23, 2009, in response to alleged marijuana use, the Court approved no action be 

taken. 

On April 3, 2009, in response to allegations of marijuana use, a violation report and request 

for warrant was submitted to the Court. At His initial appearance on April 7, 2009, Mr. Edwards 

denied the allegations and he was released on bond pending an evidentiary hearing. On June 17, 

2010, prior to the scheduled evidentiary hearing, the probation office recommended that he 

violations be withdrawn and dismissed with no further action. The Court concurred on June 17, 

2009 and the hearing was stricken. 

PRESENTLY ALLEGED VIOLATIONS 

In a petition dated August 9, 2010, U.S. Probation Officer Thomas Fitzgerald alleged that 

defendant violated the following conditions of supervised release: 

1. Being a felon in possession of a firearm on May 18, 2010, a violation of federal, 

state, and/or local law, in violation of his mandatory condition of supervised release that he not 

commit another local, state, and/or federal crime. 

2. Possessing a firearm on May 18, 2010, in violation of the mandatory condition of 

supervised release that he not possess a firearm, ammunition, destructive device or other 

dangerous weapons. 

3. Possessing marijuana on May 18, 2010, in violation of standard condition No. 7 of 

his supervised release. 

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FINDINGS FOLLOWING EVIDENTIARY HEARING 

 The government presented testimony and exhibits. After considering all of the evidence 

presented and hearing the parties’ argument, the Court found the government had proven each of 

the violations. Defendant was informed the matter would be set for a disposition hearing 

February 4, 2011 at 3:00 p.m. before District Judge Ricardo S. Martinez. 

RECOMMENDED FINDINGS AND CONCLUSIONS 

Based upon the foregoing, I recommend the court find that defendant has violated the 

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

DATED this 24th day of January, 2011. 

A 

BRIAN A. TSUCHIDA 

United States Magistrate Judge 

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