United States District Court, S.D. Indiana, Indianapolis Division
March 5, 2014
UNITED STATES OF AMERICA, Plaintiff,
JUSTIN CORBIN, Defendant.
REPORT AND RECOMMENDATION
DENISE K. LaRUE, Magistrate Judge.
This matter is before the undersigned according to the Order entered by the Honorable Sarah Evans Barker, directing the duty magistrate judge to conduct a hearing on the Petition for Warrant or Summons for Offender Under Supervision ("Petition") filed on November 21, 2012, and to submit proposed Findings of Facts and Recommendations for disposition under 18 U.S.C. §§ 3401(i) and 3583(e). Proceedings were held on March 5, 2014, in accordance with Rule 32.1 of the Federal Rules of Criminal Procedure. 
On March 5, 2014, defendant Justin Corbin appeared in person with his appointed counsel, Joe Cleary. The Government appeared by Michelle Brady, Assistant United States Attorney. The United States Probation Office ("USPO") appeared by Officer Jason Phillips, who participated in the proceedings.
The court conducted the following procedures in accordance with Federal Rule of Criminal Procedure 32.1(a)(1) and 18 U.S.C. § 3583:
1. The court advised Mr. Corbin of his right to remain silent, his right to counsel, and his right to be advised of the charges against him. The court asked Mr. Corbin questions to ensure that he had the ability to understand the proceedings and his rights.
2. A copy of the Petition was provided to Mr. Corbin and his counsel, who informed the court they had reviewed the Petition and that Mr. Corbin understood the violations alleged. Mr. Corbin waived further reading of the Petition.
3. The court advised Mr. Corbin of his right to a preliminary hearing and its purpose in regard to the alleged violations of his supervised release specified in the Petition. Mr. Corbin was advised of the rights he would have at a preliminary hearing. Mr. Corbin stated that he wished to waive his right to a preliminary hearing.
4. Mr. Corbin stipulated that there is a basis in fact to hold him on the specifications of violations of supervised release as set forth in the Petition. Mr. Corbin executed a written waiver of the preliminary hearing, which the court accepted.
5. The court advised Mr. Corbin of his right to a hearing on the Petition and of his rights in connection with a hearing. The court specifically advised him that at a hearing, he would have the right to present evidence, to cross-examine any witnesses presented by the United States, and to question witnesses against him unless the court determined that the interests of justice did not require a witness to appear.
6. Mr. Corbin, by counsel, stipulated that he committed Violation Numbers 1, 2 and 3 set forth in the Petition as follows:
7. The court placed Mr. Corbin under oath and directly inquired of Mr. Corbin whether he admitted violations 1, 2, and 3 of his supervised release set forth above. Mr. Corbin admitted the violations as set forth above.
8. The Parties and the UPSO further stipulated that:
(a) The highest grade of Violation (Violation 1) is a Grade A violation (U.S.S.G. § 7B1.1(a)(2)).
(b) Mr. Corbin's criminal history category is 1.
(c) The range of imprisonment applicable upon revocation of Mr. Corbin's supervised release, therefore, is 12-18 months' imprisonment. ( See U.S.S.G. § 7B1.4(a).)
(d) The parties did not agree on appropriate disposition.
9. The parties presented evidence regarding appropriate disposition of the case.
The court, having heard the admissions of the defendant, the stipulations of the parties, and the arguments and position of each party and the USPO, NOW FINDS that the defendant, JUSTIN CORBIN, violated the above-specified conditions in the Petition and that his supervised release should be and therefore is REVOKED, and he is sentenced to the custody of the Attorney General or his designee for a period of eighteen (18) months, to be served concurrently with the sentence issued under his State case (Marion County case number 49G20-1211-FA-078169), with no supervised release to follow.
Counsel for the parties and Mr. Corbin stipulated in open court waiver of the following:
1. Notice of the filing of the Magistrate Judge=s Report and Recommendation;
2. Objection to the Report and Recommendation of the undersigned Magistrate Judge pursuant to Title 28 U.S.C. § 636(b)(1)(B); Rule 72(b), Federal Rules of Civil Procedure, and S.D.Ind.L.R.72.1(d)(2), Local Rules of the U.S. District Court for the Southern District of Indiana.
Counsel for the parties and Mr. Corbin entered the above stipulations and waivers after being notified by the undersigned Magistrate Judge that the District Court may refuse to accept the stipulations and waivers and conduct a revocation hearing pursuant to Title 18 U.S.C. § 3561 et seq. and Rule 32.1 of the Federal Rules of Criminal Procedure and may reconsider the Magistrate Judge=s Report and Recommendation, including making a de novo determination of any portion of the Report or specified proposed findings or recommendation upon which he may reconsider.
WHEREFORE, the magistrate judge RECOMMENDS the court adopt the above recommendation revoking Mr. Corbins' supervised release, imposing a sentence of imprisonment of eighteen (18) months in the custody of the Attorney General or his designee with no supervised release to follow.
IT IS SO RECOMMENDED.