United States District Court, N.D. Indiana, Hammond Division
FINDINGS AND RECOMMENDATION OF THE MAGISTRATE JUDGE
UPON A SUPERVISED RELEASE REVOCATION HEARING
R. CHERRY MAGISTRATE JUDGE
HONORABLE JAMES T. MOODY, UNITED STATES DISTRICT COURT,
NORTHERN DISTRICT OF INDIANA
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.
Release Revocation Hearing was held. The Court received
evidence and comments.
upon the record of proceedings the Court makes this Report
21, 2013 the Defendant Joseph Jamal Smith pled guilty to the
Count I charge in the Indictment (Felon In Possession Of A
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.
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.
March 11, 2016, and November 14, 2016 the Initial Appearances
November 21, 2016, the U.S. Probation Office filed a Summary
Report of Violations. (Docket entry 53).
December 5, 2016, the Defendant Joseph J. Smith, by counsel,
filed a Motion to Transfer Case to Magistrate Judge, which
December 6, 2016, the parties filed their Agreed Disposition
of Probation (sic.) Violations. (Docket entry 56-1).
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.
result of the December 12, 2016, Supervised Release
Revocation Hearing, the ...