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United States v. Jackson

United States District Court, N.D. Indiana, Hammond Division

September 30, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
GAILAND JACKSON, JR., Defendant.

          HONORABLE JAMES T. MOODY, JUDGE

          FINDINGS AND RECOMMENDATION OF THE MAGISTRATE JUDGE UPON A SUPERVISED RELEASE REVOCATION HEARING

          JOSHUA P. KOLAR MAGISTRATE JUDGE

         On September 30, 2019, the United States Government appeared by counsel Assistant United States Attorney Nicholas Padilla. Defendant Gailand Jackson, Jr. appeared in person and by counsel Mark Gruenhagan and in the custody of the United States Marshal. United States Probation Officer Jonathan Reid appeared.

         A Supervised Release Revocation Hearing was held. The Court received evidence and comments.

         Based upon the record of proceedings the Court makes this Report and Recommendation.

         On August 19, 2015, Defendant pled guilty to the Count I charge in the Information (possession with intent to distribute crack cocaine).

         On March 22, 2016, Judge James T. Moody originally sentenced Defendant to 37 months of imprisonment and three years of supervised release subject to specified written terms and conditions.

         On June 21, 2019, the United States Probation Department filed a Petition for Action on Conditions of Pretrial Release, (ECF No. 42), alleging that Defendant violated the terms and conditions of his supervised release. On June 21, 2019, a warrant was issued for Defendant's arrest, and he was arrested on June 27, 2019. After a detention hearing on June 27, 2019, Defendant was ordered detained.

         On July 12, 2019, the U.S. Probation Office filed an Amended Summary Report of Violations. (ECF No. 51).

         On September 19, 2019, Defendant, by counsel, and the Government filed an Agreed Disposition of Supervised Release Violations, in which the parties agreed to have a magistrate judge preside over the hearing on revocation of supervised release.

         On September 20, 2019, Judge James Moody issued an Order granting the request to transfer the hearing to a magistrate judge and referring the case to the undersigned Magistrate Judge for a Report and Recommendation including, if applicable, a recommended disposition under 18 U.S.C. § 3583(e).

         As a result of the September 30, 2019 Supervised Release Revocation Hearing, the undersigned Magistrate Judge FINDS that:

         1. Defendant has been advised of his right to remain silent, his right to counsel, his right to be advised of the charge against him, his right to a contested Supervised Release Revocation ...


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