United States District Court, S.D. Indiana, New Albany Division
UNITED STATES OF AMERICA, Plaintiff.
TYLER THEVENOT, Defendant.
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
VAN T. WILLIS, Magistrate Judge.
This matter is before the undersigned U.S. Magistrate Judge pursuant to the Order entered by the Honorable Sarah Evans Barker, U.S. District Court Judge, on May 22, 2015 (Dkt. 151), designating the Magistrate Judge to conduct a hearing on the Petition for Warrant or Summons for Offender Under Supervision filed with the Court on May 21, 2015 (Dkt. 148), and to submit to Judge Barker proposed Findings of Facts and Recommendations for disposition under Title 18 U.S.C. §§3401(i) and 3583(e) and (g). An Initial Hearing in this matter was held on May 28, 2015, and disposition proceedings were held on June 1, 2015, in accordance with Rule 32.1 of the Federal Rules of Criminal Procedure and 18 U.S.C. §3583. The defendant, Tyler Thevenot, appeared in person with his appointed counsel, Larry D. Simon. The government appeared by Matthew Rinka, Assistant United States Attorney. U.S. Probation appeared by Brian Bowers, who participated in the proceedings.
The following procedures occurred in accordance with Rule 32.1 Federal Rules of Criminal Procedure and 18 U.S.C. §3583:
1. On May 28, 2015, Larry D. Simon was present for the initial hearing and was appointed by the Court to represent Tyler Thevenot regarding the pending Petition on Offender Under Supervision.
2. A copy of the Petition on Offender Under Supervision was provided to Mr. Thevenot and his counsel, who informed the Court that they had read and understood the specifications of each alleged violation and waived further reading thereof.
3. Mr. Thevenot 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. Thevenot was informed that he would have the 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. Thevenot was advised he had the opportunity to appear at the preliminary hearing and present evidence on his own behalf.
6. Mr. Thevenot was informed that, if the preliminary hearing resulted in a finding of probable cause that Mr. Thevenot 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 Judge Barker's designation entered on May 22, 2015.
7. Mr. Thevenot waived his right to a preliminary hearing and executed a written waiver stating the same. Probable cause was found.
8. On May 27, 2015, the Government filed a Motion to Detain the Defendant on the Petition to Revoke Supervised Release (Dkt. No. 153). Mr. Thevenot requested a detention hearing and the same was scheduled for June 1, 2015, at 1:30 PM.
9. The parties requested the violation hearing be held in conjunction with the detention hearing, as much of the evidence to be presented was the same. The Court granted such request and set all the matters for June 1, 2015 at 1:30 PM.
10. On June 1, 2015, Mr. Thevenot appeared with CJA counsel, Larry D. Simon, at the scheduled detention and violation hearings.
11. At that time the defendant by counsel stated his readiness to waive the detention hearing and ...