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United States v. Carrington

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

March 1, 2018

UNITED STATES OF AMERICA
v.
GARY LYNN CARRINGTON

          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, Gary Lynn Carrington, violated conditions of supervised release imposed by United States District Judge Marcia A. Crone. The United States Probation Office filed its Petition for Warrant or Summons for Offender Under Supervision (doc. #66) requesting the revocation of the defendant's supervised release. The Court conducted a hearing on February 28, 2018, 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 May 29, 2013, the Honorable Marcia A. Crone, U.S. District Judge for the Eastern District of Texas, sentenced Mr. Carrington after he pled guilty to the offense of felon in possession of a firearm, a Class C felony. The Court sentenced to the defendant to 57 months imprisonment followed by 3 years supervised release subject to the standard conditions of release, plus special conditions to include drug aftercare and a $100 special assessment. On December 22, 2016, Gary Lynn Carrington, Sr., completed his period of imprisonment and began service of the supervision term.

         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 refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any narcotic or other controlled substance, or any paraphernalia related to such substances, except as prescribed by a physician.

         Specifically, on or about February 17, 2018, Gary Lynn Carrington was involved in an auto accident which [sic] he crashed his automobile into two Texas Department of Public Safety patrol vehicles which were parked roadside working an accident. Mr. Carrington was arrested and charged with DWI. Mr. Carrington admitted to drinking several alcoholic beverages prior to the accident.

         C. Evidence presented at Hearing:

         At the hearing, the Government proffered evidence in support of the allegation in the petition to revoke. Specifically, if the case proceeded to a final hearing, the Government would submit evidence establishing that on February 17, 2018, Mr. Carrington was arrested for DWI after he crashed his vehicle into two DPS vehicles during a crash scene investigation. The ...


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