United States District Court, D. Arizona
HONORABLE DIANE J. HUMETEWA, UNITED STATES DISTRICT JUDGE.
FINDINGS AND RECOMMENDATION
Honorable Eileen S. Willett United States Magistrate Judge.
before the Court is a Petition to Revoke Supervised Release
(Doc. 217) filed against Defendant Earlson Tullie on July 13,
2018. On August 9, 2018, the Defendant appeared before the
Magistrate Judge for an Admit/Deny Hearing with the written
consents of all counsel and the Defendant (Docs. 226, 227).
The Defendant denied the allegations of the Petition to
Revoke Supervised Release, and the Court set the matter for
an Evidentiary Hearing. (Doc. 227).
written consents of all counsel and the Defendant (Doc. 226),
an Evidentiary Hearing was held on September 27, 2018 and
November 8, 2018 (Docs. 228, 231) in accordance with Rule
32.1(b)(2), Fed. R. Crim. P. The Magistrate Judge heard
testimony from Senior U.S. Probation Officer Matthew Carey
and H&H Treatment Programs' Clinical Supervisor
Shelly Osbourne. The Government's Exhibit 1 was admitted
into evidence. The matter was deemed submitted for decision
on November 8, 2018.
Defendant having entered a guilty plea to the crime of
Assault of a Person Under Age 16 with Substantial Bodily
Injury (Doc. 191), the Honorable Diane J. Humetewa sentenced
the Defendant on June 9, 2017 to time served and two years of
supervised release (Doc. 206). The Court ordered that during
the term of supervision the Defendant shall comply with the
mandatory and standard conditions of supervision adopted by
the Court in General Order 16-23, as well as six (6) special
conditions. Subsequent to a hearing held December 4, 2017 on
a Petition to Schedule a Modification Hearing (Doc. 209), the
Court ordered the imposition of four additional special
conditions (Doc. 216). The current Petition to Revoke
Supervised Release was then filed July 13, 2018 (Doc. 217).
Petition to Revoke Supervised Release (Doc.217) filed on July
13, 2018, the Government alleges that the Defendant violated
the following Special Conditions:
A. Special Condition #4 which states, “You shall be
screened for sex offender treatment and if recommended as a
result of screening, you shall participate in such treatment,
abide by the policies and procedures of all the treatment and
evaluation providers. You must contribute to the cost of such
treatment and assessment not to exceed an amount determined
to be reasonable by the probation officer based on ability to
On or about July 12, 2018, Tullie failed to participate in
sex offender treatment when he was unsuccessfully discharged
from sex offender treatment by H&H Treatment Programs.
Grade C violation § 7B1.1(a)(3).
B. Special Condition #9 which states, “You must not be
in the company of or have contact with children who you know
are under the age of 18, with the exception of your own
children. Contact includes, but is not limited to, letters,
communication devices, audio or visual devices, visits, or
communication through a third party.
On or about June 28, 29, and 30, 2018, Tullie was in the
company of and had contact with children he knew were under
the age of 18. Grade C violation § 7B1.1(a)(3).
Carey testified that he met with the Defendant on June 12,
2017 and went over Special Condition #4 with him. On December
5, 2017, Officer Carey reviewed Special Condition #9 with the
Defendant, and the Defendant signed his acknowledgment of
Special Condition #9.
June 25, 2018 visit to the Defendant's residence, Officer
Carey observed that the Defendant's front door was
pad-locked, and the Defendant denied contact with children.
However, on the July 11, 2018 visit, Officer Carey observed
through the window of the Defendant's pad-locked
residence female children's clothing and toys, as well as
a mattress and cot beside the mattress. After initially
denying the presence of children in his home, the Defendant
later admitted that children did reside with the Defendant
for three ...