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United States v. Moore

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

March 1, 2018

UNITED STATES OF AMERICA
v.
JEREMY RUSSELL MOORE

          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, Jeremy Russell Moore, violated conditions of supervised release imposed by United States District Sim Lake of the Southern District of Texas. The United States Probation Office filed its Petition for Warrant or Summons for Offender Under Supervision 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 February 6, 2016, the Honorable Sim Lake sentenced Mr. Moore after he pled guilty to the offense of felon in possession of a firearm (2 counts), but Class C felonies. The Court sentenced to the defendant to 48 months imprisonment on each count, to run concurrently, to be followed by 3 years supervised release subject to the standard conditions of release, plus special conditions to include treatment and testing. On April 7, 2017, Jeremy Moore completed his period of imprisonment and began service of the supervision term.

         On February 9, 2018, jurisdiction was transferred to the Eastern District of Texas. The case is now assigned to United States District Judge Thad Heartfield.

         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 report to the probation officer and shall submit a truthful and complete written report within the first five days of each month.

         Specifically, Mr. Moore failed to submit his November 2017 written report by the first five days of the month. He submitted his report on December 17, 2017.

         C. Evidence ...


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