Filed: Dec. 30, 2014
Latest Update: Dec. 30, 2014
Summary: REPORT AND RECOMMENDATION FINDING PROBABLE CAUSE ON PETITION ALLEGING VIOLATIONS OF SUPERVISED RELEASE FRANK J. LYNCH, Jr., Magistrate Judge. THIS CAUSE having come on to be heard for an initial appearance on December 30, 2014 in respect to the pending Petition Alleging Violations of Supervised Release and the Defendant having appeared with counsel and having waived a preliminary hearing and having stipulated to probable cause, and this Court otherwise being advised in the premises, makes th
Summary: REPORT AND RECOMMENDATION FINDING PROBABLE CAUSE ON PETITION ALLEGING VIOLATIONS OF SUPERVISED RELEASE FRANK J. LYNCH, Jr., Magistrate Judge. THIS CAUSE having come on to be heard for an initial appearance on December 30, 2014 in respect to the pending Petition Alleging Violations of Supervised Release and the Defendant having appeared with counsel and having waived a preliminary hearing and having stipulated to probable cause, and this Court otherwise being advised in the premises, makes the..
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REPORT AND RECOMMENDATION FINDING PROBABLE CAUSE ON PETITION ALLEGING VIOLATIONS OF SUPERVISED RELEASE
FRANK J. LYNCH, Jr., Magistrate Judge.
THIS CAUSE having come on to be heard for an initial appearance on December 30, 2014 in respect to the pending Petition Alleging Violations of Supervised Release and the Defendant having appeared with counsel and having waived a preliminary hearing and having stipulated to probable cause, and this Court otherwise being advised in the premises, makes the following recommendation to the District Court:
1. The Defendant appeared before this Court on December 30, 2014 for an initial appearance in respect to a Petition Alleging Violations Of Supervised Release. That Petition alleges the following violations:
Violation Number 1 Violation of Mandatory Condition, by failing to
refrain from a violation of the law. On or about
August 12, 2014, in Saint Lucie County, Florida,
the defendant committed the offenses of Grand
Theft $5,000 or more, but less than $10,000,
contrary to Florida Statute 812.014.2c2; and
Organized Fraud less than $20,000, contrary to
Florida Statute 817.034.4a3.
Violation Number 2 Violation of Standard Condition, by associating
with a person engaged in criminal activity. On or
before August 12, 2014, the defendant conspired
to and stole merchandise from Babies "R" Us
located at 10721 S.W. Village Parkway, Port
Saint Lucie, Florida, with Erin Nowaci,
white/female, June 17, 1993, a subject identified
by Port Saint Lucie Police Department as a
participant in and co-defendant in Saint Lucie
County, Florida, case number 562014CF002521.
2. Counsel for the Defendant announced that the Defendant was stipulating to probable cause to go forward to a final hearing. Counsel for the Defendant confirmed that he had discussed this with the Defendant and the Defendant agrees. This Court confirmed this on the record with the Defendant. Based upon the foregoing, this Court will find that there is probable cause to proceed to a final hearing in respect to the alleged violations.
ACCORDINGLY, this Court finds that there is sufficient probable cause in respect to Violations Numbers 1 and 2 inclusive, as set forth above to proceed to a final evidentiary hearing, and recommends to the District Court that this matter proceed to a final evidentiary hearing at the District Court's earliest convenience.
The parties shall have fourteen (14) days from the date of this Report and Recommendation within which to file objections, if any, with the Honorable Donald M. Middlebrooks, the United States District Judge assigned to this case. Pursuant to Federal Rules of Criminal Procedure, Rule 59(b)(2), failure to file objections timely waives a party's right to review and bars the parties from attacking on appeal any legal rulings and factual findings contained herein.
