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United States v. Gardner

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

September 26, 2019

UNITED STATES OF AMERICA
v.
CHRISTOPHER JAMES GARDNER

          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. §§ 34Ol(i) and 3583(e). The United States alleges that the defendant, Christopher James Gardner, 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. #57) requesting the revocation of the defendant's supervised release.

         The Court conducted a hearing on September 17, 2019, 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 Procedurell, the Court finds:

a. That 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 Defendant is fully competent and capable of entering an informed plea, that 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 9, 2012, The Honorable Ron Clark of the Eastern District of Texas sentenced the defendant after he pled guilty to the offense of Felon in Possession of a Firearm, a Class C felony. Judge Clark sentenced Mr. Gardner to 60 months imprisonment followed by 3 years supervised release subject to the standard conditions of release, plus special conditions to include the defendant shall have no contact with Meagan Jones or her mother; drug aftercare; sex offender treatment; the defendant shall not have contact of any kind with children under the age of 18 unless supervised by an adult approved by the probation officer; the defendant shall submit to a search of his person, property, house, residence, vehicle, papers, computer, other electronic communication or data storage devices or media, and effects at any time, with or without a warrant, by any law enforcement or probation officer with reasonable suspicion concerning unlawful conduct or a violation of supervised release; and a $100 special assessment. On October 6, 2017, Christopher James Gardner completed his period of imprisonment and began service of the supervision term.

         On October 19, 2017, the Court amended the conditions of supervised release to include mental health aftercare, and to remove the condition the defendant shall not have contact of any kind with children under the age of 18 unless approved by the probation officer.

         On May 31, 2018, this case was reassigned to the docket of United States District Judge Marcia A. Crone.

         B. Allegations in Petition

         The United States alleges that the defendant violated the following mandatory condition of supervised release:

         The defendant must report to the probation office in the district to which the defendant is released within 72 hours of ...


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