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REPORT AND RECOMMENDATION OF

U.S. MAGISTRATE JUDGE AS TO ALLEGED

VIOLATIONS OF SUPERVISED RELEASE 

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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA,

Plaintiff,

v. 

DANIEL LOGAN McCOMAS,

Defendant.

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Case No. CR06-0161-RSM-JPD

SUMMARY REPORT OF U.S.

MAGISTRATE JUDGE AS TO

ALLEGED VIOLATIONS 

OF SUPERVISED RELEASE

An evidentiary hearing on a petition for violation of supervised release in this case

was scheduled before the undersigned Magistrate Judge on November 9, 2006. The United

States was represented by Assistant United States Attorney Jill Otake, and the defendant by

Mr. Peter Avenia. The proceedings were recorded on cassette tape.

The defendant had been charged and convicted of three (3) cases of Bank Robbery,

and on or about September 22, 1995, was sentenced in the Northern District of Florida to 125

months in custody, to be followed by three (3) years of supervised release, and served

concurrently.

The conditions of supervised release included the requirements that the defendant

comply with all local, state, and federal laws, and with the standard conditions. Special

conditions imposed included, but were not limited to, substance-abuse treatment

participation, financial disclosure, restitution in the amount of $2,951.40, consent to search,

remain gainfully employed, if receiving an annuity of $203.28, to pay a fine of $203.28.

On May 9, 2006, jurisdiction of this case was transferred from the Northern District

of Florida and accepted in the Western District of Washington on May 16, 2006.

Case 2:06-cr-00161-RSM Document 11 Filed 11/13/06 Page 1 of 3
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REPORT AND RECOMMENDATION OF

U.S. MAGISTRATE JUDGE AS TO ALLEGED

VIOLATIONS OF SUPERVISED RELEASE 

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In a Petition for Warrant or Summons dated October 13, 2006, U.S. Probation Officer

Jennifer J. Tien alleged the following violations by defendant of the conditions of his

supervised release: 

(1) Using opiates on or before March 22, 2006, in violation of standard condition

number 7.

(2) Failing to report for urinalysis testing as instructed, on March 31, 2006, in

violation of special condition of drug aftercare.

(3) Associating with individuals involved in criminal activity from October 2005

until May 2006, in violation of standard condition number 9.

(4) Failing to attend Moral Reconation Therapy (MRT) group as instructed by his

probation officer, in violation of standard condition number 3.

(5) Using cocaine on or before September 26, 2006, in violation of standard

condition number 7.

(6) Failing to report to the U.S. Probation Office on October 13, 2006, as

instructed by his probation officer, in violation of standard condition number 2.

(7) Failing to report for urinalysis testing as instructed, on August 10, 2006,

September 18 and 27, 2006, and October 5, 24, and 25, 2006, in violation of the special

condition of drug aftercare.

The defendant was advised of the allegations and of his rights, and admitted to

violations 2, 3, 5, 6, and 7. Defendant disputed whether alleged violation number 4 is, in

fact, a violation of a condition of his supervised release. After hearing arguments by the

defendant and the government, the Court finds that allegation number 4 is established as a

violation of the specific conditions of defendant’s supervised release. The government

dismisses alleged violation number 1.

I therefore recommend that the Court find the defendant to have violated the terms

and conditions of his supervised release as to violations 2, 3, 4, 5, 6, and 7, and that the Court

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REPORT AND RECOMMENDATION OF

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VIOLATIONS OF SUPERVISED RELEASE 

PAGE 3

conduct a hearing limited to disposition, and a challenge to the legal basis of violation

number 4. A disposition hearing has been set before the Honorable Ricardo S. Martinez on

Friday, November 17th, 2006, at 1:30 p.m.

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

DATED this 13th day of November, 2006.

AJAMES P. DONOHUE

United States Magistrate Judge 

cc: District Judge: Honorable Ricardo S. Martinez

AUSA: Ms. Jill Otake

Defendant’s attorney: Mr. Peter Avenia

Probation officer: Ms. Jennifer Tien

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