Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Mitchell

United States District Court, S.D. Indiana, Indianapolis Division

September 13, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
VINCER MITCHELL, Defendant.

          MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

          Debra Mcvicker Lynch United States 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 July 7, 2016, 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 August 30, 2016, in accordance with Rule 32.1 of the Federal Rules of Criminal Procedure.[1]

         On August 30, 2016, defendant Vincer Mitchell appeared in person with his appointed counsel, Joseph Cleary. The government appeared by Doris Pryor, Assistant United States Attorney and Cynthia Ridgeway, Assistant United States Attorney. The United States Probation Office (“USPO”) appeared by Officer Shelly McKee, 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. Mitchell 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. Mitchell 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. Mitchell and his counsel, who informed the court they had reviewed the Petition and that Mr. Mitchell understood the violations alleged. Mr. Mitchell waived further reading of the Petition.
3. The court advised Mr. Mitchell 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. Mitchell was advised of the rights he would have at a preliminary hearing. Mr. Mitchell stated that he wished to waive his right to a preliminary hearing.
4. Mr. Mitchell 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. Mitchell executed a written waiver of the preliminary hearing, which the court accepted.
5. The court advised Mr. Mitchell 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 his unless the court determined that the interests of justice did not require a witness to appear.
6. Mr. Mitchell, by counsel, stipulated that he committed Violation Numbered 1 and 2 set forth in the Petition as follows:

         Violation Number Nature of Noncompliance

         1 “The defendant shall not commit another federal, state or local crime.”

         On June 1, 2016, Mr. Mitchell was arrested by the Indianapolis Metropolitan Police Department (IMPD) for the operating a vehicle while intoxicated endangering a person, operating a vehicle with an BAC of .15 or more, and operating a motor vehicle without ever receiving a license. The case is pending in Marion County Superior Court 12 under Cause Number 49G12-1606-CM-021567. A pretrial conference hearing is set for July 27, 2016.

         According to the probable cause affidavit, IMPD responded to a 911 call regarding a possible intoxicated driver. IMPD officers observed a white Sebring automobile sitting in the middle of the intersection. Upon approaching the vehicle, the officer observed the vehicle was running and the transmission was still in drive. The foot of the driver, identified as Mr. Mitchell, was on the brake. He appeared to be asleep. The officer immediately observed the odor of an alcoholic beverage coming from the offender. Mr. Mitchell was asked to stop out of the vehicle, at which time the IMPD officer administered a field sobriety test. He failed the test and was transported to Eskenazi Hospital for a blood draw. On June 2, 2016, Mr. Mitchell was released and ordered to report to Marion County Community Corrections.

         2 “The defendant shall refrain from any unlawful use of a controlled substance.”

         As previously reported to the Court, on November 11, 2015, the offender provided a urine specimen which tested positive for ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.