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United States v. Griffis

United States District Court, Southern District of Indiana, Indianapolis Division

August 8, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
MARK SHANE GRIFFIS, Defendant.

MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

Denise K. LaRue United States Magistrate Judge

This matter is before the undersigned according to the Order entered by the Honorable William T. Lawrence, directing the duty magistrate judge to conduct a hearing on the Petition for Warrant or Summons for Offender Under Supervision (“Petition”) filed on July 3, 2013, 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 July 18, 2014, and July 21, 2014, in accordance with Rule 32.1 of the Federal Rules of Criminal Procedure.[1]

On July 18, 2014, defendant Mark Shane Griffis appeared in person with his appointed counsel, Mike Donahoe. The government appeared by MaryAnn Mindrum, Assistant United States Attorney. The United States Probation Office (“USPO”) appeared by Officer Diane Asher, 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. Griffis 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. Griffis 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. Griffis and his counsel, who informed the court they had reviewed the Petition and that Mr. Griffis understood the violations alleged. Mr. Griffis waived further reading of the Petition.

3. The Court advised Mr. Griffis 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. Griffis was advised of the rights he would have at a preliminary hearing. Mr. Griffis stated that he wished to waive his right to a preliminary hearing.

4. Mr. Griffis 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. Griffis executed a written waiver of the preliminary hearing, which the court accepted.

5. The court advised Mr. Griffis 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.

Parties orally moved to continue the revocation hearing and the same was granted and continued until July 25, 2014.

On July 25, 2014, defendant Mark Shane Griffis appeared in person with his appointed counsel, Mike Donahoe. The government appeared by MaryAnn Mindrum, Assistant United States Attorney. The United States Probation Office (“USPO”) appeared by Officer Troy Adamson, 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. Mr. Griffis, by counsel, stipulated that he committed Violation Number 1 set forth in ...


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