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United States v. Mims

United States District Court, Fifth Circuit

December 23, 2013

UNITED STATES OF AMERICA,
v.
ELTON MIMS, JR

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

MARCIA A. CRONE, District 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, Elton Mims, Jr., violated conditions of supervised release imposed by United States District Judge Marcia A. Crone. The United States Probation Office filed its Second Amended Petition for Warrant or Summons for Offender Under Supervision (doc. #46) 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 violation warrants the revocation of his supervised release.

After conducting the proceeding in the form and manner prescribed by Federal Rule of Criminal Procedure11, 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 September 10, 2009, the Honorable Marcia A. Crone sentenced Elton Mims, Jr., after he pled guilty to the offense of felon in possession of a firearm, a Class C felony. The Court sentenced the defendant to 37 months imprisonment to be followed by 3 years of supervised release subject to the standard conditions of release, plus special conditions to include substance abuse treatment and testing, mental health treatment, and a $100 special assessment. On February 3, 2012, Mims completed his period of imprisonment and began service of the supervision term.

B. Allegations in Petition

The United States alleges that the defendant violated the following mandatory condition of supervised release:

The defendant shall not commit another federal, state or local crime.

On May 23, 2012, [1] Elton Mims, Jr. was charged with being a felon in ...


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