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, 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.
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.
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.
February 9, 2018, jurisdiction was transferred to the Eastern
District of Texas. The case is now assigned to United States
District Judge Thad Heartfield.
Allegations in Petition
United States Probation Office alleges that the defendant
violated a standard condition of his supervision as follows:
defendant shall report to the probation officer and shall
submit a truthful and complete written report within the
first five days of each month.
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.