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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.

LISE BUSCHER,

Defendant.

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CASE NO. CR05-366-RSL

SUMMARY REPORT OF U.S.

MAGISTRATE JUDGE AS TO 

ALLEGED VIOLATIONS

OF SUPERVISED RELEASE

An evidentiary hearing on supervised release revocation in this case was scheduled before

me on May 1, 2007. The United States was represented by AUSA Mark Parrent and the

defendant by Jay Stansell. The proceedings were digitally recorded.

Defendant had been sentenced on or about April 16, 2004 by the Honorable Marvin Katz

in the Eastern District of Pennsylvania on a charge of Mail Fraud and Wire Fraud, and sentenced

to 12 months custody, three years supervised release. (Dkt. 4, page 12). The case was transferred

to this District for supervision on September 29, 2005. (Dkt. 1.)

The conditions of supervised release included the standard conditions plus the requirement

that defendant pay restitution in the amount of $28,290.00.

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On July 3, 2006, the conditions of supervision were modified to require residence in a

halfway house for up to 120 days. (Dkt. 13.) On July 13, 2006, the defendant admitted violating

the conditions of supervision by committing the crime of unlawful issuance of bank checks, failing

to notify the probation officer within 72 hours of being arrested, failing to follow the instructions

of the probation officer, failing to submit truthful and complete monthly reports, failing to pay

restitution, failing to notify third parties as required, and being self-employed and accepting

employment without approval of her probation officer. (Dkt. 15.). Defendant was required to

reside in a halfway house for up to 270 days and supervised release was reimposed for 34 months.

(Dkt. 20, 21). Additional conditions of release were imposed requiring defendant to submit to

drug testing, and abstain from the use of alcohol and participate in alcohol treatment.

On February 16, 2007, defendant’s probation officer reported that she had used alcohol

on two occasions. She was reprimanded, placed in a structured testing program, and the

frequency of testing was increased. No further action was taken at the time. (Dkt. 22.)

In an application dated April 5, 2007 (Dkt. 23), Senior U.S. Probation Officer Jennifer J.

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

1. Using alcohol on or before February 3 and 10th, 2007 in violation of the special

condition that she abstain from alcohol.

2. Failing to submit monthly supervision reports for the months of December 2006,

January, February and March 2007, in violation of standard condition number two.

3. Failing to report to U.S. Probation as instructed on Monday, April 2, 2007 and

Tuesday, April 3, 2007 in violation of standard condition number two.

4. Failing to attend MRT (Moral Reconation Therapy) since January 2007 as

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instructed in violation of the special condition of mental health aftercare.

5. Failing to report change in residence since March 22, 2007 or employment 10 days

prior to any change in residence or employment in violation of standard condition number six.

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. (Dkt. 31.) Defendant explained that with regard to violation number 3,

she admitted that she did not report as directed, but that she had called her probation officer to

say that she could not attend the meeting. She admitted that she did not follow up to reschedule

the meeting. With regard to violation number 5, defendant admitted that she had spent the time

period of March 30 to April 12, 2007 with a friend in Anacortes, and not at her residence.

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 Lasnik.

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

DATED this 1st day of May, 2007.

A

Mary Alice Theiler

United States Magistrate Judge 

cc: District Judge: Honorable Robert S. Lasnik

AUSA: Mark Parrent

Defendant’s attorney: Jay Stansell

Probation officer: Jennifer J. Tien

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