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United States v. Meskimen

United States District Court, S.D. Indiana, Terre Haute Division

September 18, 2017

UNITED STATES OF AMERICA, Plaintiff
v.
NATHANIEL MESKIMEN, Defendant

          Bradley Blackington, U.S. Attorney's Office

          REPORT AND RECOMMENDATION

          Craig M. McKee United SflLs Magistrate Judge

         Hearings were convened in this matter on August 10 and September 5, 2017, on a Petition for Warrant or Summons for Offender Under Supervision filed July 24, 2017 [Doc. 46]. A summons was issued for the defendant's appearance [Doc. 49] and the Court set this matter for an initial appearance. This matter was referred to the Magistrate Judge for hearing pursuant to 18 U.S.C. 3401(i) on July 25, 2017 [Doc. 48]. The August 10, 2017 proceeding was both an initial appearance and, by agreement of the parties, a hearing on the defendant's alleged violation of the terms and conditions of his sentence while on supervised release. By further agreement of the parties, the matter was then postponed to September 5 for disposition.

         The Government appeared by Bradley Blackington, Assistant United States Attorney; the defendant, Nathaniel Meskimen, appeared in person and by counsel, Michael J. Wright. Jennifer Considine was present on behalf of the U.S. Probation Office.

         The Government and defense counsel advised the Court that the parties had reached an agreement on admission of violations during the August 10 hearing. The parties also had reached an agreement on disposition of the case in advance of the September 5 hearing.

         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 defendant, Nathaniel Meskimen, was sworn and his testimony heard. He admitted the violation cited in the Petition [Doc. 46] submitted by U.S. Probation Officer Considine.

         The defendant advised that he had sufficient time to meet with counsel, to review the nature of the violations cited in the Petition, and to consider whether to admit the violation. The Court reviewed with the Defendant the violation cited in the Petition. The Court finds that the defendant, after being placed under oath, and having had sufficient time to consult with counsel, made a knowing, intelligent and voluntary admission of the violation cited in the Petition.

         The undersigned recommends to the Court adoption of the following Findings of Fact and Conclusions of Law:

         Findings of Fact

         1. The defendant, Nathaniel Meskimen, was sentenced on March 18, 2014, in the U.S. District Court for the Southern District of Indiana, Terre Haute Division, on the charges of felon in possession of a firearm and possession of a stolen firearm. The original sentence included 33 months of confinement and 36 months of supervised release.

         2. While on supervised release, the defendant violated the following term terms of supervised release:

The defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use distribute, or administer any controlled substance or any paraphernalia related to any controlled substances, except as prescribed by a physician.

         3. The defendant was under supervision of the U.S. Probation Office in the Southern District of Indiana on July 24, 2017, the date on which the Petition was filed.

         4. The defendant admitted the allegation contained in the Petition in open court, under oath, and after the advice of ...


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