United States District Court, S.D. Indiana, Terre Haute Division
REPORT TO DISTRICT JUDGE - PROPOSED FINDINGS OF FACT AND CONCLUSION OF LAW
CRAIG M. McKEE, Magistrate Judge.
A hearing was convened in this matter on October 7, 2014, on a Petition for Warrant or Summons for Offender Under Supervision filed April 14, 2014 [Doc. 4]. A warrant was issued and the Court set this matter for an initial appearance. This matter was referred to the Magistrate Judge for hearing pursuant to 18 U.S.C. 3401(i) in an Entry and Order issued by The Hon. Larry J. McKinney, Senior U.S. District Judge, on April 11, 2014 [Doc. 7]. The defendant waived his right to preliminary hearing in writing. [Doc. 10] The October 7 hearing constituted a hearing on the defendant's alleged violations of the terms and conditions of his sentence while on supervised release.
The Government appeared by Todd Shellenbarger, Assistant United States Attorney; the defendant, Todd M. Jones, appeared in person (in custody) and by counsel, Joe Cleary.
The Government and defense counsel advised the Court that the parties had reached an agreement on admission of certain violations and a proposed disposition. The Court advised the defendant of his constitutional rights and the burden of proof with respect to the alleged violations. The defendant answered preliminary questions to ascertain his ability to understand the proceedings. The defendant was provided a copy of the Petition and waived his right to a preliminary hearing.
The parties then proposed a resolution of the matter by which the Defendant admitted violations 3 and 4 set forth in the Petition and revocation of supervised release. Specifically, the parties stipulated that the Defendant should serve one year and one day in the custody of the Bureau of Prisons followed by one year of supervised release under the same terms and conditions previously imposed. Defendant will be credited for time served since August 25, 2014, the expiration of his sentence on a state court conviction.
The Court finds that the defendant, after being placed under oath, made a knowing, intelligent and voluntary admission of violations 3 and 4 outlined in the Petition with the advice of counsel. Violations 1 and 2 will be deemed dismissed upon acceptance of this recommendation in this report.
The undersigned recommends to the Court adoption of the following Findings of Fact and Conclusions of Law:
Findings of Fact
1. The defendant, Todd M. Jones, was sentenced on July 27, 2007, in the U.S. District Court for the Southern District of Indiana on a charge of Felon in Possession of a Firearm. The original sentence included 84 months confinement and two years of supervised release. Supervised release commenced on August 9, 2012.
2. While on supervised release, the defendant violated the terms of supervised release as follows:
a. Violated the term/condition that he not commit another federal, state or local crime (specifically, he was convicted of driving while suspended and a felony charge of receiving stolen property).
3. The defendant was under supervision of the U.S. Probation Office in the Southern District of Indiana on April 14, 2014, the date on which the Petition was filed.
4. The defendant admitted these allegations in open court, under oath, and after ...