Filed: Jan. 06, 2020
Latest Update: Jan. 06, 2020
Summary: STIPULATION REGARDING RELEASE OF DISCOVERY; ORDER DEBORAH BARNES , Magistrate Judge . STIPULATION Plaintiff United States of America, by and through its counsel of record, and the defendant, by and through his counsel of record, hereby stipulate as follows: 1. On December 2, 2019, the assigned U.S. Probation Officer filed a Superseding Petition for Warrant or Summons for Offender Under Supervision ("Superseding Petition") in the above-captioned case. The Superseding Petition charged the d
Summary: STIPULATION REGARDING RELEASE OF DISCOVERY; ORDER DEBORAH BARNES , Magistrate Judge . STIPULATION Plaintiff United States of America, by and through its counsel of record, and the defendant, by and through his counsel of record, hereby stipulate as follows: 1. On December 2, 2019, the assigned U.S. Probation Officer filed a Superseding Petition for Warrant or Summons for Offender Under Supervision ("Superseding Petition") in the above-captioned case. The Superseding Petition charged the de..
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STIPULATION REGARDING RELEASE OF DISCOVERY; ORDER
DEBORAH BARNES, Magistrate Judge.
STIPULATION
Plaintiff United States of America, by and through its counsel of record, and the defendant, by and through his counsel of record, hereby stipulate as follows:
1. On December 2, 2019, the assigned U.S. Probation Officer filed a Superseding Petition for Warrant or Summons for Offender Under Supervision ("Superseding Petition") in the above-captioned case. The Superseding Petition charged the defendant with various violations of the terms of his supervised release.
2. The defendant made his initial appearance on the Superseding Petition before the Honorable Deborah Barnes, U.S. Magistrate Judge, on December 19, 2019. At the conclusion of the initial appearance, the defendant was ordered detained and an admit/deny hearing was set for January 13, 2020, before the assigned District Judge, the Honorable Kimberly J. Mueller.
3. The Superseding Petition lists a number of items of evidence that would be offered at a revocation hearing to support the Probation Officer's allegations that the defendant is in violation of the terms and conditions of his supervised release. These items include, but are not limited to, various urine sample specimens, written reports documenting the defendant's statements relating to his use of controlled substances, and documents detailing the defendant's attendance at required drug treatment sessions and tests. A complete list of the evidence to be offered in support of the Probation Officer's allegations is set forth on pages 6 and 7 of the Superseding Petition.
4. Neither defense counsel nor counsel for the government is currently in possession of any of the items of evidence set forth on pages 6 and 7 of the Superseding Petition. The parties understand that the most prudent method of obtaining these items of evidence for use during the remainder of this proceeding is by way of a Court order.
5. Accordingly, and by this stipulation, the parties jointly request that the Court issue an order authorizing the assigned Probation Officer to release to defense counsel and counsel for the government copies of all the documentary evidence set forth on pages 6 and 7 of the Superseding Petition.
6. The parties agree and stipulate, and request that the Court find the following:
a) Counsel for the defendant and for the government both desire that the direct evidence set forth on pages 6 and 7 of the Superseding Petition be released to them by the assigned Probation Officer.
b) Counsel for the government confirmed that the assigned Probation Officer does not object to this request.
IT IS SO STIPULATED.
FINDINGS AND ORDER
IT IS SO FOUND AND ORDERED.
