United States District Court, N.D. Indiana, Hammond Division
FINDINGS AND RECOMMENDATION OF THE MAGISTRATE JUDGE
UPON A HEARING ON WAIVER OF PROBATION REVOCATION
P. KOLAR, MAGISTRATE JUDGE UNITED STATES DISTRICT COURT
HONORABLE JAMES T. MOODY, UNITED STATES DISTRICT COURT,
NORTHERN DISTRICT OF INDIANA
April 22, 2019, the United States Government appeared by
counsel Assistant United States Attorney Diane Berkowitz.
Defendant Shanterra Jones appeared in person and by counsel
Roxanne Mendez Johnson and in the custody of the United
States Marshal. United States Probation Officer James Holm
hearing on waiver of probation revocation hearing was held.
The Court received evidence and comments.
upon the record of proceedings the Court makes this Report
March 24, 2017, Defendant Shanterra Jones pled guilty to the
Count 3 charge in the Indictment (distribution of 3, 4
September 5, 2017, Judge James T. Moody sentenced Defendant
Shanterra Jones to probation for a term of three years
subject to mandatory and discretionary conditions of
February 27, 2019, the United States Probation Department
filed a Petition for Warrant for Offender Under Supervision,
(ECF No. 85), alleging that Defendant Shanterra Jones
violated the terms and conditions of her probation. On
February 27, 2019, an arrest warrant was issued. On March 1,
2019, Defendant Shanterra Jones was arrested, and the Initial
Appearance was held.
March 7, 2019, the United States Probation Office filed a
Summary Report of Violations. (ECF No. 94)
March 21, 2019, an Agreed Disposition of Probation Violations
was filed, signed by Defendant Shanterra Jones, counsel for
Defendant Shanterra Jones, Assistant United States Attorney
Diane Berkowitz, and United States Probation Officer James
Holm was filed. (ECF No. 95).
April 11, 2019, Defendant Shanterra Jones, by counsel, filed
a Waiver of Probation Revocation/Modification Hearing. (ECF
April 11, 2019, Judge James T. Moody issued an Order
referring the case to the undersigned Magistrate Judge for a
Report and Recommendation on the Waiver of Probation
Revocation/Modification Hearing, specifically regarding
whether defendant knowingly and voluntarily waives her right
to a Rule 32.1(b)(2) probation revocation hearing and whether
defendant knowingly and voluntarily entered into the Agreed
Disposition of Probation Violations.
result of the April 22, 2019 hearing on waiver of probation
revocation hearing, the undersigned Magistrate Judge
Defendant Shanterra Jones has been advised of her right to
remain silent, her right to counsel, her right to a probation
revocation hearing, and her rights in connection with such a
hearing, including the right to a written notice of the
alleged probation violation (which Defendant has received),
the right to disclosure of the evidence against her, the
right to the opportunity to appear, present evidence, and
question any adverse witness unless the court determines that
the interest of justice does not require the witness to
appear, the right to retain counsel or to request that
counsel be appointed if she ...