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United States v. Robinson

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

November 21, 2017

UNITED STATES OF AMERICA
v.
TERRANCE DALE ROBINSON

          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, Terrance Dale Robinson, violated conditions of supervised release imposed by United States District Judge Sim Lake of the Southern District of Texas. The United States Probation Office filed its Petition for Warrant or Summons for Offender Under Supervision (doc. #2) 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 September 23, 2009, The Honorable Sim Lake, U.S. District Judge of the Eastern District of Texas, sentenced Mr. Robinson after he pled guilty to 2 counts of aiding and abetting the possession with intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of cocaine, both Class B felonies. Judge Lake sentenced the defendant to 78 months imprisonment as to each Count, to be served concurrently, followed by five years supervised release subject to the standard conditions of release, plus special conditions to include drug treatment and a $200 special assessment. On December 30, 2013, Terrance Dale Robinson completed his period of imprisonment and began service of the supervision term. On April 4, 2017, jurisdiction over Mr. Robinson's case was transferred from the Southern District of Texas under Docket No: 4:08CR00328-017 to the Eastern District of Texas and reassigned to the docket of the Honorable Thad Heartfield, United State Judge.

         B. Allegations in Petition

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

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

         Specifically, on September 20, 2017, Terrance Robinson was convicted of Possession with Intent to Distribute 50 grams or more of Methamphetamine in the Eastern District of Texas. Mr. Robinson was sentenced to 110 months imprisonment, followed by four (4) years of supervised release.

         C. Evidence presented at Hearing:

         At the hearing, the Government proffered evidence in support of the allegation in the petition to revoke. The Government established that on November 22, 2016, Mr. Robinson pled guilty to the charge of Possession with Intent to Distribute 50 grams or more of Methamphetamine in ...


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