United States District Court, E.D. Texas, Beaumont Division
FINDINGS OF FACT AND RECOMMENDATION ON PLEA OF TRUE
BEFORE THE UNITED STATES MAGISTRATE JUDGE
F. GIBLIN UNITED STATES MAGISTRATE JUDGE.
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 the defendant, Tom Elbert Kyles, violated
conditions of supervised release imposed by United States
District Judge Ron Clark. The United States Probation Office
filed its 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 November 15, 2017, in accordance
with Federal Rules of Criminal Procedure 11, 32 and 32.1. The
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.
conducting the proceeding in the form and manner prescribed
by Federal Rule of Criminal Procedure11, the Court finds:
a. That the 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 the defendant is fully competent and capable of
entering an informed plea, that the 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.
January 14, 2010, The Honorable Ron Clark, U.S. District
Judge of the Eastern District of Texas, sentenced Mr. Kyles
after he pled guilty to brandishing a firearm in furtherance
of a crime of violence - robbery of a credit union, a Class A
felony. Judge Clark sentenced the defendant to 84 months
imprisonment followed by 4 years supervised release subject
to the standard conditions of release, plus special
conditions to include not incur new credit or open additional
lines of credit without the approval of the probation
officer; no gambling; financial disclosure; drug testing and
treatment; $8152 restitution; and, $100 special assessment.
On March 2, 2017, Tom Elbert Kyles completed his period of
imprisonment and began service of the supervision term in the
Southern District of Texas, Houston Division.
Allegations in Petition
United States Probation Office alleges that the defendant
violated a standard condition of his supervision as follows:
defendant shall work regularly at a lawful occupation unless
excused by the probation officer for schooling, training, or
other acceptable reasons.
Mr. Kyles failed to work regularly at a lawful occupation
during the months of March 2017 through August 2017.
Evidence presented at Hearing:
hearing, the Government proffered evidence in support of the
allegation in the petition to revoke. The Government would
submit testimony establishing that Mr. Kyles was required to
maintain regular employment as a requirement of his
supervision conditions. The testimony would further indicate