United States District Court, S.D. Indiana, Terre Haute Division
Bradley Blackington, U.S. Attorney's Office
REPORT AND RECOMMENDATION
M. McKee United SflLs Magistrate Judge
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
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.
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.
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
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.
undersigned recommends to the Court adoption of the following
Findings of Fact and Conclusions of Law:
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.
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
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.
defendant admitted the allegation contained in the Petition
in open court, under oath, and after the advice of ...