United States District Court, W.D. Washington, Tacoma
ORDER ON DEFENDANT'S MOTION TO RECONSIDER
JUDGMENT ON SUPERVISED RELEASE VIOLATION
B. LEIGHTON UNITED STATES DISTRICT JUDGE
MATTER is before the Court on Defendant's Motion to
Reconsider Judgment on Supervised Release Violation [Dkt.
#47]. For the following reasons, the motion is
2019, Defendant Carver was living with his girlfriend,
Rebecca Glenn, who was working on her recovery from
methamphetamine addiction. Glenn was attending intensive
outpatient (IOP) classes with a circle of supportive
classmates. One of these classmates was a man who could not
drive. Glenn occasionally drove him to class. When Glenn told
Carver about the rides, he became increasingly bothered.
Glenn therefore agreed not to give her classmate any rides in
evening of July 11, 2019, while Glenn was at her IOP class,
Carver's anger spilled over. First, Carver texted Glenn
approximately 24 times. He then drove to Glenn's class
and confronted her in the parking lot during one of her class
breaks. In Glenn's description, “he was breathing
really heavy . . . . He was kind of sweating,
actually.” Carver accused Glenn of flirting with her
classmate and disparaging him. When Glenn tried to end the
conversation so that she could go back into class, Carver
left with her phone.
evening, after seeking assistance from her father and her
friends, Glenn eventually decided to return to the residence
she shared with Carver. She arrived just after midnight, in
the early morning of July 12. When she arrived, Carver again
confronted her and ordered her to give him the keys to her
car. He then struck her in the face with a closed fist.
the punch, Carver was distracted with a call to Glenn's
father. As Carver later testified, he left a voice message
with her father bragging about beating up his “parasite
daughter.” Carver also threatened to kill Glenn's
father by burning down his trailer with him inside of it.
Carver was so distracted, Glenn made a run for it, heading to
the nearest neighbor who happened to be Carver's father,
Wayne Carver. Carver took off after her. When Glenn reached
Wayne Carver's house, Wayne Carver let her in, and she
locked herself in his bathroom. Wayne Carver also let his son
in, and Carver stood outside the bathroom where he threatened
her: “You're lucky I didn't kill you, ”
Carver said. When Glenn remained in the locked bathroom,
Carver eventually gave up and returned to his house. Wayne
Carver then ordered Glenn to leave.
leaving Wayne Carver's house, Glenn ran into some nearby
woods to hide, still fearful of Carver. Without a phone or
access to her home, she was unable to call for any help.
she was hiding, she heard two vehicles. They were police
vehicles, and when Glenn got their attention, they offered
her assistance. These events led to charges of violations of
conditions of supervised release against Carver.
the assault on July 12, while the supervision violations were
pending, Carver emailed Glenn with an affidavit for her to
sign in violation of a local no-contact order. The draft
affidavit claimed Glenn was under the effects of emotional
duress and various medications and therefore was not a
credible witness. The affidavit denied the assault or any
threats. Carver hinted that he would give her title to her
car if she signed the affidavit.
12, 2019, Probation issued a violation report alleging
assault in the fourth degree-domestic violence, interfering
with domestic violence reporting, and threats to kill. On
July 29, 2019, Probation alleged supplemental violations for
no-contact order violations. Probation also submitted a
Sentencing Recommendation in which it identified the
no-contact order violation as felony, thus leading to a Class
B violation of supervision. Based on that conclusion,
Probation calculated the Guidelines range as 18 to 24 months.
31, 2019, the Court held an evidentiary hearing on the
violations. It found that the government proved the alleged
violations of DV assault and the no-contact order violation.
Without any objection to Probation's calculation or any