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United States v. Smith

United States District Court, N.D. Indiana, Hammond Division

December 12, 2016

UNITED STATES OF AMERICA,
v.
JOSEPH JAMAL SMITH, Defendant.

          FINDINGS AND RECOMMENDATION OF THE MAGISTRATE JUDGE UPON A SUPERVISED RELEASE REVOCATION HEARING

          PAUL R. CHERRY MAGISTRATE JUDGE

         TO: THE HONORABLE JAMES T. MOODY, UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF INDIANA

         On December 12, 2016, the United States Government appeared by counsel Assistant United States Attorney Thomas McGrath. Defendant Joseph Jamal Smith appeared in person and by counsel Federal Community Defender Jerome Flynn and in the custody of the United States Marshal. United States Probation Officer Mark Kroft appeared.

         Supervised Release Revocation Hearing was held. The Court received evidence and comments.

         Based upon the record of proceedings the Court makes this Report and Recommendation.

         On May 21, 2013 the Defendant Joseph Jamal Smith pled guilty to the Count I charge in the Indictment (Felon In Possession Of A Firearm).

         On August 22, 2013, Judge James T. Moody originally sentenced the Defendant Joseph J. Smith to, among other things, 24 months of supervised release subject to specified written terms and conditions.

         On March 3, 2015, and May 26, 2015, the Government filed Petitions alleging that the Defendant violated the terms and conditions of his supervised release. On those two dates arrest warrants were issued. On March 11, 2016, and May 23, 2016, the Defendant Joseph J. Smith was arrested.

         On March 11, 2016, and November 14, 2016 the Initial Appearances were held.

         On November 21, 2016, the U.S. Probation Office filed a Summary Report of Violations. (Docket entry 53).

         On December 5, 2016, the Defendant Joseph J. Smith, by counsel, filed a Motion to Transfer Case to Magistrate Judge, which was granted.

         On December 6, 2016, the parties filed their Agreed Disposition of Probation (sic.) Violations. (Docket entry 56-1).

         On December 7, 2016, Judge James Moody issued an Order Referring Case for a Report and Recommendation for the undersigned Magistrate Judge to conduct the Supervised Release Revocation Hearing, to recommend modification, revocation, or termination of the supervised release in this case, and to submit proposed findings and recommendations pursuant to 18 U.S.C. §§ 3401(i) and 3583(c) and Federal Rule of Criminal Procedure 32.1.

         As a result of the December 12, 2016, Supervised Release Revocation Hearing, the ...


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