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United States v. Kyles

United States District Court, E.D. Texas, Beaumont Division

November 21, 2017

UNITED STATES OF AMERICA
v.
TOM ELBERT KYLES

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

          KEITH F. GIBLIN UNITED STATES 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 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.

         After 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.

         STATEMENT OF REASONS

         A. Procedural History

         On 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.

         B. Allegations in Petition

         The United States Probation Office alleges that the defendant violated a standard condition of his supervision as follows:

         The defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other acceptable reasons.

         Specifically, Mr. Kyles failed to work regularly at a lawful occupation during the months of March 2017 through August 2017.

         C. Evidence presented at Hearing:

         At the 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 ...


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