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United States v. Givens

United States District Court, N.D. Texas, Dallas Division

June 27, 2017

UNITED STATES OF AMERICA
v.
JASON GIVENS, Defendant.

          MEMORANDUM OPINION AND ORDER DENYING DEFENDANT JASON GIVENS'S MOTION TO COMPEL OR IN THE ALTERNATIVE A MOTION TO WITHDRAW/REJECT THE PROTECT ACT SUPERVISED VIOLATION REPORT AND PETITION FOR OFFENDER UNDER SUPERVISION

          DAVID L. HORAN, UNITED STATES MAGISTRATE JUDGE

         Background

         Defendant Jason Givens is serving a two-year term of supervised release as part of his sentence for a charge of Felon in Possession of a Firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2) in an indictment out of this district.

         On March 7, 2017, Mr. Givens's supervising probation officer filed a Report on Offender Under Supervision - No Court Action Recommended, in which he noted that Mr. Givens was ordered not to commit another federal, state, or local crime and reported the following as to his belief that Mr. Givens has violated that condition, “which require(s) official notification although no Court action is being recommended at this time”:

On March 3, 2017, Detective Glenn Harris with the Plano Police Department advised United States Probation Officer (USPO) Alvin DeBouse of an active warrant for Jason Givens' arrest for Robbery. According to Detective Harris, the Bank Robbery allegedly occurred on or about February 15, 2017, in Collin County, Texas.
The warrant was executed earlier today. As a result, limited information is available regarding the offense at this time. The U.S. Probation Office will keep the Court abreast of any new information. It is respectfully recommended that no Court action be taken at this time..

Dkt. No. 22 at 1. The Court “[a]gree[d] with the recommendation of the probation officer.” Id. at 2.

         On March 17, 2017, Mr. Givens's supervising probation officer filed a Petition for Offender Under Supervision, in which he noted that Mr. Givens was ordered not to commit another federal, state, or local crime and to not leave the judicial district without the permission of the Court or probation officer and not to possess a firearm, ammunition, destructive device, or any other dangerous weapon and reported that “[t]he probation officer believes that the offender violated th[ose] conditions” as follows:

Jason Givens violated these conditions of supervised release on February 15, 2017, when he entered the First National Bank, Plano, Texas, said "give me all your money, don't push any buttons or I will shoot, " and took money from the bank as evidenced by his arrest on March 7, 2017, by the Plano Police Department, Dallas, Texas, for Robbery, in violation of Texas Penal Code § 29.02(a)(2), a second degree felony. On March 7, 2017, he was released on $100, 000 bond and the case remains pending. ....
Mr. Givens violated this condition of supervised release by possessing ammunition. On March 7, 2017, Sergeant C. Matthews of the Plano Police Department, Plano, Texas, conducted a search of Mr. Givens' residence. The search yielded a .45 caliber pistol magazine that contained multiple rounds of live ammunition. Mr. Givens has not been charged for possessing ammunition; however, it is a violation of 18 USC §§ 922(g)(1) & 924 (a)(2), Felon in Possession of Firearm Ammunition, a Class C felony.

Dkt. No. 23 at 1. The probation officer recommended that the Court issue a violator's warrant, and the Court then, in response to the petition, ordered “[t]he Issuance of a Warrant. Petition and warrant sealed and not to be distributed to counsel of record until arrest effectuated.” Id. at 2.

         Mr. Givens was arrested on the warrant on March 24, 2017 and had an initial appearance before United States Magistrate Judge Irma Ramirez that day. See Dkt. No. 28. The Federal Public Defender was appointed to represent Mr. Givens. See Dkt. No. 26.

         At the initial appearance, Mr. Givens waived his right to a preliminary hearing under Federal Rule of Criminal Procedure 32.1(b)(1). See Dkt. No. 30. On the basis of that waiver, the Court found probable cause to believe that a violation occurred and that the revocation hearing should be conduced by the presiding judge, United States District Judge Sidney A. Fitzwater, on May 26, 2017. See Dkt. No. 28.

         The government also moved to detain Mr. Givens pending the revocation hearing, see Dkt. No. 25, and Mr. Givens waived his right to a detention hearing under Federal Rule of Criminal Procedure 32.1(a)(6) and 18 U.S.C. § 3143(a)(1) but reserved his right to ask for a hearing if he is “released from state custody while this case is pending (if the ‘blue warrant' is lifted).” Dkt. No. 31 at 1. On the basis of that waiver, Judge Ramirez entered a Detention Order. See Dkt. No. 27.

         On March 28, 2017, Judge Fitzwater ordered the final revocation hearing set for May 26, 2017. See Dkt. No. 33.

         On May 17, 2017, the supervising probation officer filed under seal a Protect Act Supervised Release Violation Report, see Dkt. No. 35-1, which listed the same alleged violations of Mr. Givens's conditions of supervised release as in the March 17, 2017, Petition ...


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