Opinion
Case No. CR05-0216-JLR-JPD.
February 16, 2006
SUMMARY REPORT OF U.S. MAGISTRATE JUDGE AS TO ALLEGED VIOLATIONS OF SUPERVISED RELEASE
An initial hearing on a petition for violation of supervised release was held before the undersigned Magistrate Judge on February 16, 2006. The United States was represented by Assistant United States Attorney Todd Greenberg, and the defendant by Mr. Lee Covell. The proceedings were recorded on cassette tape.
The defendant had been charged and convicted of Misprision of a Felony in violation of 18 U.S.C. § 3565(a)(2). On or about January 10, 2006, defendant was sentenced by the Honorable James L. Robart to five (5) years of probation.
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 were substance-abuse and mental-health treatment participation, maintaining a single checking account, consenting to search, refraining from any affiliation with prostitution, financial disclosure, and ninety (90) days participation in a Community Sanction Center (CSC).
In a Petition for Warrant or Summons, dated February 13, 2006, and a Violation Report and Warrant Request dated February 14, 2006, U.S. Probation Officer Christopher S. Luscher asserted the following violation by defendant of the conditions of her supervised release:
(1) Failing to reside in and satisfactorily participate in a halfway house for a term of three months, as of February 9, 2006, in violation of the special condition imposed at sentencing.
The defendant has admitted to the violation, and waived any rights to an evidentiary hearing as to whether it occurred.
I therefore recommend that the Court find the defendant to have violated the terms and conditions of her supervised release as to violation No. 1, and that the Court conduct a hearing limited to disposition. A disposition hearing on violation No. 1 has been set before the Honorable James L. Robart on March 2, 2006, at 10:00 a.m.
Pending a final determination by the Court, the defendant has been detained.