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United States v. Cravens

United States District Court, S.D. Indiana, New Albany Division

February 28, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
JOHN CRAVENS, Defendant.

MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

DENISE K. LaRUE, Magistrate Judge.

This matter is before the Court pursuant to the May 1, 2013 Order entered by the Honorable Sarah Evans Barker designating the duty Magistrate Judge to conduct a hearing on the Petition for Summons or Warrant for Offender Under Supervision filed on May 1, 2013. Pursuant to that Order, the Court herein submits proposed Findings of Facts and Recommendations for disposition under Title 18 U.S.C. §§ 3401(i) and 3583(e). Proceedings were held on February 26, 2014, in accordance with Rule 32.1 of the Federal Rules of Criminal Procedure. [1]

On February 26, 2014, John Cravens ("Cravens") appeared in person with appointed counsel, Joseph Cleary. The government appeared by MaryAnn T. Mindrum, Assistant United States Attorney. U.S. Parole and Probation appeared by Jason Nutter, U.S. Parole and Probation officer.

The Court conducted the following procedures in accordance with Rule 32.1(b)(2), Fed. R. Crim. P. and Title 18 U.S.C. § 3583:

1. Mr. Cravens was readvised of the nature of the violations alleged against him and acknowledged receipt of the notice of said allegations.
2. A copy of the Petitions for Revocation of Supervised Release were provided to Mr.
Cravens and his counsel, who informed the Court that they had read and understood the violations listed in the Petitions and waived further reading thereof.
3. Mr. Cravens was advised of his right to a preliminary hearing and its purpose in regard to the alleged specified violations of his supervised release contained in the pending Petition.
4. Mr. Cravens was advised he would have a right to question witnesses against him at the preliminary hearing unless the Court, for good cause shown, found that justice did not require the appearance of a witness or witnesses.
5. Mr. Cravens was advised he had the opportunity to appear at the preliminary hearing and present evidence on his own behalf.
6. Mr. Cravens was advised that if the preliminary hearing resulted in a finding of probable cause that Mr. Cravens had violated an alleged condition or conditions of his supervised release set forth in the Petition, he would be held for a revocation hearing before the undersigned Magistrate Judge, in accordance with the District Court's designation.
7. Mr. Cleary stated that Mr. Cravens would stipulate there is a basis in fact to hold him on the specifications of violations of supervised release set forth in the Petition. Mr. Cravens executed a written waiver of the preliminary hearing, which was accepted by the Court.
8. Mr. Cravens, through counsel, stipulated that he committed Violations 1 through 7, as set forth in the Petition for Warrant or Summons for an Offender Under Supervision, filed with the Court on May 1, 2013 as follows:
9. The Court placed Mr. Cravens under oath and directly inquired of Mr. Cravens whether he admitted the violations of the specifications of his supervised release set forth above. Mr. Cravens stated that he admitted the violations as set forth above.
10. Counsel for the parties further stipulated to the following:
a. The highest grade violations, Violations 1 and 2, are alleged as Grade B violations, pursuant to U.S.S.G. § 7B1.1(a)(2).
b. Mr. Craven has suffered criminal convictions that yield a criminal history category of III.
c. The term of imprisonment applicable upon revocation of Mr. Craven's supervised release, therefore, is 8-14 months' imprisonment. See, U.S.S.G. § 7B1.4(a).
11. The parties agreed to revocation and a term of imprisonment of eight (8) months, with no supervised release to follow.

The Court, having heard the admissions of the defendant, the stipulations of the parties, and the arguments and discussions on behalf of each party, NOW FINDS that the defendant, John Cravens, violated the above-delineated conditions in the Petition.

Mr. Craven's supervised release is therefore REVOKED and he is sentenced to the custody of the Attorney General or his designee for a period of eight (8) months, with no supervised release to follow.

The Magistrate Judge requests that Jason Nutter, U.S. Parole and Probation Officer, prepare for submission to the Honorable Sarah Evans Barker, District Judge, as soon as practicable, a supervised release revocation judgment, in accordance with these findings of facts, conclusions of law and recommendation.

The parties are hereby notified that the District Judge may reconsider any matter assigned to a Magistrate Judge pursuant to Title 28, U.S.C. §636(b)(1)(B) and (C) and Rule 72(b) of the Federal Rules of Civil Procedure. The parties waived the right to serve and file written objections to the proposed findings of facts and conclusions of law and recommendations of this Magistrate Judge.

WHEREFORE, the U.S. Magistrate Judge RECOMMENDS the Court adopt the above report and recommendation revoking Mr. Craven's supervised release and imposing a sentence of imprisonment of eight (8) months in the custody of the Attorney General or his designee, with no supervised release to follow.

IT IS SO RECOMMENDED.


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