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United States v. Hayes

United States District Court, W.D. Washington, Tacoma

May 8, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
ROBERT K. HAYES Defendant

          FINDINGS AND ORDER ACCEPTING DEFENDANT FOR DEFERRED PROSECUTION, APPROVING TREATMENT PLAN, AND DIRECTING DEFENDANT TO TAKE TREATMENT AS PRESCRIBED

         THIS MATTER, coming on for hearing this 8th day of MAY, 2016 upon the defendant's Petition for Deferred Prosecution; the defendant appearing in person and by DARYLL. GRAVES; the United States of America being represented by BARBARA SIEVERS, Assistance United States Attorney; the Court, having examined and incorporated into the record Petitioner's Petition and Statement in support of deferred prosecution, the evaluation and treatment report prepared by SOCIAL TREATMENT OPPORTUNITY PROGRAM, and the files and records herein, being fully advised in the premises, does now make and enter the following:

         I. FINDINGS OF FACT

         A. On or about the 8th day, MAY, Petitioner was charged with the offense/offenses charged in the Information. This offense occurred as a direct result of alcoholism/chemical dependency problems;

          B. Petitioner suffers from an alcohol/drug problem and is in need of treatment;

         C. The probability of similar misconduct in the future is great if the problem is not treated;

         D. Petitioner is amenable to treatment;

          E. An effective rehabilitative treatment plan is available to Petitioner through SOCIAL TREATMENT OPPORTUNITY PROGRAM, an approved treatment facility as designated by the laws of the State of Washington, and Petitioner agrees to be liable I for all costs of this treatment program;

         F. That Petitioner agrees to comply with the terms and conditions of the program offered by the treatment facility as set forth in the diagnostic evaluation from SOCIAL TREATMENT OPPORTUNITY PROGRAM, attached to Statement of Petitioner filed herewith, and that Petitioner agrees to be liable for all costs of this treatment program;

         G. That Petitioner has knowingly and voluntarily stipulated to the admissibility and sufficiency of the facts as contained in the written police report attached to Statement of Petitioner filed herewith.

         H. That Petitioner has acknowledged the admissibility of the stipulated facts in any criminal hearing or trial on the underlying offense or offenses held subsequent to revocation of this Order Granting Deferred Prosecution and that these reports will be used to support a finding of guilt;

         I. That Petitioner has acknowledged and waived the right to testify, the right to a speedy trial, the right to call witness to testify, the right to present evidence in his or her defense, and the right to a jury trial;

         From the foregoing FINDINGS OF FACT, the Court draws the following:

         II. CONCLUSIONS OF LAW

         A. That the above-entitled Court has jurisdiction over the subject matter and ...


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