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UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON 

 AT SEATTLE 

UNITED STATES OF AMERICA, 

 Plaintiff, 

 v. 

SPENCER WYDELL WOODS, 

 Defendant. 

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Case No. CR06-206-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 May 14, 

2009. The defendant appeared pursuant to a summons issued in this case. The United States 

was represented by Sarah Vogel, and defendant was represented by Omar Riojas. Also present 

was U.S. Probation Officer Brian Facklam. The proceedings were digitally recorded. 

CONVICTION AND SENTENCE 

Defendant was sentenced on October 27, 2006, by the Honorable Ricardo S. Martinez for 

Conspiracy to Distribute Cocaine and Heroin. He received 20 months imprisonment and 3 years 

supervised release. Defendant’s supervision began on December 3, 2007. On April 8, 2008, the 

Probation Office filed a petition for warrant alleging defendant had committed the crime of 

assault in the second degree. On August 13, 2008, the Probation Office filed a petition adding an 
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additional violation: failing to abstain from use of alcohol. On August 21, 2008, defendant 

admitted he failed to abstain from alcohol use; the government moved to dismiss the allegation 

that defendant had committed assault in the second degree. On September 12, 2008, the Court 

sentenced defendant to credit for time served and placed defendant to a term of supervision to end 

on December 2, 2010. 

On January 29, 2009, the Probation Office filed a petition alleging defendant had 1) 

committed the crime of attempting to elude, 2) consumed alcohol, 3) failed to notify his probation 

officer within 72 hours that he had been arrested and 4) failed to participate in a substance abuse 

program. On February 20, 2009 the court found defendant had committed all of the violations 

and sentence defendant to 24 months of supervised release, participation in the MRT program 

and home confinement of up to 180 days. 

PRESENTLY ALLEGED VIOLATIONS AND 

DEFENDANT'S ADMISSION OF THE VIOLATION 

In a petition dated April 16, 2009, U.S. Probation Officer Brian K. Facklam alleged that 

defendant violated the following conditions of supervised release: 

1. Drinking alcohol on or about April 2, 2009, in violation of the special condition of 

supervision ordering that he abstain from the use of the substance. 

Defendant admitted the above violations, waived any hearing as to whether they occurred, 

and was informed the matter would be set for a disposition hearing June 19, 2009 at 10:00 a.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 

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

DATED this 14th day of May, 2009. 

A 

BRIAN A. TSUCHIDA 

United States Magistrate Judge