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United States v. Aubry

United States District Court, Fifth Circuit

December 18, 2013

UNITED STATES OF AMERICA
v.
TIMOTHY AUBRY

FINDINGS OF FACT AND RECOMMENDATION ON PLEA OF TRUE BEFORE THE UNITED STATES MAGISTRATE JUDGE

KEITH F. GIBLIN, Magistrate Judge.

Pursuant to 28 U.S.C. § 636(b) and the Local Rules for the District Court, Eastern District of Texas, the District Court referred this matter for hearing and the submission of findings of fact and a report and recommendation pursuant to 18 U.S.C. §§ 3401(i) and 3583(e). The United States alleges that Defendant, Timothy Aubry, violated conditions of supervised release imposed by United States District Judge Howell Cobb. The United States Probation Office filed its Petition for Warrant or Summons for Offender Under Supervision (doc. #195) requesting the revocation of the defendant's supervised release

The Court conducted a hearing on December 16, 2013, in accordance with Federal Rules of Criminal Procedure 11, 32 and 32.1. Defendant was present and represented by counsel at the hearing. Having heard the evidence, this court factually finds that the defendant has violated conditions of supervision and recommends that such violations warrant the revocation of his supervised release.

After conducting the proceeding in the form and manner prescribed by Federal Rule of Criminal Procedure 11, the Court finds:

a. That Defendant, after consultation with counsel of record, has knowingly, freely and voluntarily consented to the administration of the plea of true in this cause by a United States Magistrate Judge subject to a final approval and imposition of sentence by the District Court.

b. That Defendant is fully competent and capable of entering an informed plea, that Defendant is aware of the nature of the charges and the consequences of the plea, that his plea of true is a knowing and voluntary plea, not the result of force or threats, and that the plea is supported by an independent evidentiary basis in fact establishing each of the essential elements of the conduct.

STATEMENT OF REASONS

A. Procedural History

On April 18, 2002, the Honorable Howell Cobb of the Eastern District of Texas sentenced the defendant after Mr. Aubry pled guilty to the offense of Conspiracy to Distribute More Than 50 Grams of Cocaine Base and Marijuana, a Class A felony. The Court originally sentenced the defendant to 151 months imprisonment, followed by 5 years supervised release, subject to the standard conditions of release, plus special conditions to include: shall not commit any offenses against a foreign state or nation; drug treatment; and a $100 special assessment.

Judge Cobb has since passed away. Accordingly, this case was reassigned to the docket of United States District Judge Marcia A. Crone on October 25, 2005.

On May 27, 2008, Judge Crone amended the judgment in this case to reduce the defendant's sentence to 121 months imprisonment. On June 7, 2011, Timothy Aubry completed his period of imprisonment and began serving the supervision term.

On October 31, 2013, the Court modified the terms of supervision to include the condition that the defendant serve a term of home detention up to a period of 120 days as directed by the probation officer.

B. Allegations in Petition

The United States alleges that the defendant violated the following standard ...


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