United States District Court, S.D. Indiana, Terre Haute Division
UNITED STATES OF AMERICA, Plaintiff.
MOODY GADSDEN, Defendant.
REPORT TO DISTRICT JUDGE- PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RECOMMENDATION
CRAIG M. McKEE, Magistrate Judge.
A hearing was convened in this matter on June 22, 2015, on a Petition for Warrant or Summons for Offender Under Supervision filed May 9, 2014 [Doc. 9] as well as multiple supplements to the original filing: Supplemental Petition for Warrant or Summons for Offender Under Supervision dated May 24, 2014 [Doc. 14]; Second Supplemental Petition for Warrant or Summons for Offender Under Supervision dated June 5, 2014 [Doc. 18]; Third Supplemental Petition for Warrant or Summons for Offender Under Supervision dated May 13, 2015 [Doc. 22]. A warrant was issued and the Defendant eventually taken into custody in Florida. 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. William T. Lawrence, U.S. District Judge, on May 13, 2014 [Doc. 11], as well as multiple referrals thereafter as the petitions were supplemented.
The Government appeared by Mary Ann Mindrum, Assistant United States Attorney; the Defendant, Moody Gadsden, appeared in person (in custody) and by court-appointed counsel, John A. Kesler II.
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 the violations set forth in the original Petition, i.e., Violations 1, 2, and 3, inclusive, as well as the violations set forth in the Supplemental Petition, i.e., Violations 5, 6, and 7, inclusive. Specifically, the parties stipulated that the Defendant should serve nine months in the custody of the Bureau of Prisons and any further supervised release contemplated in the Defendant's original sentence should be voided. The Government would then dismiss Violations 4, 8, 9, and 10.
The Court finds that the Defendant, after being placed under oath, made a knowing, intelligent and voluntary admission of Violations 1, 2, 3, 5, 6, and 7, inclusive, with the advice of counsel. The Government and the Defendant stipulated to the revision of terms and conditions of release as described above.
The undersigned recommends to the Court adoption of the following Findings of Fact and Conclusions of Law:
Findings of Fact
1. The Defendant, Moody Gadsden, was sentenced on May 12, 2008, in the U.S. District Court for the Middle District of Florida on a charge of Conspiracy to Possess with Intent to Distribute a Detectable Amount of Cocaine Base. The original sentence included 41 months confinement and three years of supervised release. He was later transferred to the Southern District of Indiana for supervision on February 24, 2013 [See Doc. 2].
2. While on supervised release, the Defendant violated the terms of supervised release as follows:
a. Failed to refrain from any unlawful use of a controlled substance;
b. Failed to refrain from purchasing, possessing, using, distributing, or administering any controlled substance not prescribed by a physician;
c. Failed to refrain from frequenting places where controlled substances are illegally sold, used, distributed or administered.
In this regard, the Defendant admitted to using cocaine as reflected on positive urine drug screens on January 13, ...