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United States v. Barnes

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

June 5, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
RAYMOND BARNES, Defendant.

          MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

          McVicker Lynch United States Magistrate Judge

         This matter is before the undersigned according to the Order entered by the Honorable Jane Magnus-Stinson, directing the duty magistrate judge to conduct a hearing on the Petition for Warrant or Summons for Offender Under Supervision (“Petition”) filed on November 30, 2017 and the supplemental petition filed on May 7, 2018, 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 December 11, December 14, 2017, January 12, and May 29, 2018, in accordance with Rule 32.1 of the Federal Rules of Criminal Procedure.[1]

         On December 11, and December 14, 2017, defendant Raymond Barnes appeared in person with his appointed counsel, Gwendolyn Beitz. The government appeared by Kristina Korobov, Assistant United States Attorney. The United States Probation Office (“USPO”) appeared by Officers Angela Smith and Shelly McKee, who participated in the proceedings.

         On January 12, 2018, defendant Raymond Barnes appeared in person with his appointed counsel, Gwendolyn Beitz. The government appeared by Nick Linder, Assistant United States Attorney. The United States Probation Office (“USPO”) appeared by Officer Angela Smith, who participated in the proceedings.

         On May 29, 2018, defendant Raymond Barnes appeared in person with his appointed counsel, Michael Donahoe. The government appeared by Nick Linder, Assistant United States Attorney. The United States Probation Office (“USPO”) appeared by Officer Angela Smith, 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. Barnes of his right to remain silent, his right to counsel, and his right to be advised of the charges against him.

         2. A copy of the Petition was provided to Mr. Barnes and his counsel, who informed the court they had reviewed the Petition and that Mr. Barnes understood the violations alleged. Mr. Barnes waived further reading of the Petition.

         3. The court advised Mr. Barnes 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. Barnes was advised of the rights he would have at a preliminary hearing. Mr. Barnes stated that he wished to waive his right to a preliminary hearing.

         4. The court advised Mr. Barnes 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 him unless the court determined that the interests of justice did not require a witness to appear.

         5. Mr. Barnes, by counsel, stipulated that he committed Violation Numbers 2, 3, 4, 5, 6, and 7 set forth in the Petition as follows:

Violation NumberNature of Noncompliance
2 “You shall refrain from consuming alcoholic beverages.” The offender admitted consuming alcoholic beverages on November 25, 2017, to IMPD Officers.
3 “The defendant shall participate in a substance abuse treatment program at the direction of the probation officer and abstain from the use of all intoxicants, including alcohol, while participating in a substance abuse treatment program.” Mr. Barnes was enrolled in substance abuse treatment on October 11, 2016, following his arrest for OWI on October 7, 2016. While in the program he failed to report to 12 treatment sessions due to personal conflicts, such as work, family obligations, and/or confusion about the dates. He was verbally admonished for missing sessions and complied with rescheduling all sessions. His arrest on November 25, 2017, violates the rules of the treatment ...

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