U.S. v. WATERS, 10-20335-CR-UNGARO. (2015)
Court: District Court, N.D. Florida
Number: infdco20150518786
Visitors: 17
Filed: May 14, 2015
Latest Update: May 14, 2015
Summary: REPORT AND RECOMMENDATION ALICIA M. OTAZO-REYES , Magistrate Judge . THIS CAUSE is before the Court upon the United States Probation Office's Petition for Warrantor Summons for Offender Under Supervision ("petition'') as to Defendant Jayvonte Waters ("Defendant" or "Waters") [D.E.314]. This matter was referred to the undersigned for revocation hearing pursuant to 28 U.S.C. 636 and Local Magistrate Rule 1 by the Honorable Ursula Ungaro, United States District Judge [D.E. 3284]. At the re
Summary: REPORT AND RECOMMENDATION ALICIA M. OTAZO-REYES , Magistrate Judge . THIS CAUSE is before the Court upon the United States Probation Office's Petition for Warrantor Summons for Offender Under Supervision ("petition'') as to Defendant Jayvonte Waters ("Defendant" or "Waters") [D.E.314]. This matter was referred to the undersigned for revocation hearing pursuant to 28 U.S.C. 636 and Local Magistrate Rule 1 by the Honorable Ursula Ungaro, United States District Judge [D.E. 3284]. At the rev..
More
REPORT AND RECOMMENDATION
ALICIA M. OTAZO-REYES, Magistrate Judge.
THIS CAUSE is before the Court upon the United States Probation Office's Petition for Warrantor Summons for Offender Under Supervision ("petition'') as to Defendant Jayvonte Waters ("Defendant" or "Waters") [D.E.314]. This matter was referred to the undersigned for revocation hearing pursuant to 28 U.S.C. § 636 and Local Magistrate Rule 1 by the Honorable Ursula Ungaro, United States District Judge [D.E. 3284].
At the revocation hearing held on May 13, 2015 the government and Waters announced on the record thatthey have entered into the following stipulation:
A. Waters admits to violations 2, 4 and 5 as set forth in the Petition, to wit,
2. Violation of Mandatory Condition, by failing to refrain from violation of the law. On or about June 23, 2014, in Dade County, Florida, the defendant did commit the offense of Count 1 Disorderly Intoxication, contrary to Florida Statute M/856.011 (Misdemeanor). ln case No.814025945. Count2 Resisting Arrest Without Violence, contrary to Florida Statute M/843.02 (Misdemeanor). On September 8, 2014, a Bench Warrant was issued. Case is pending.
4. Violation of Standard Condition, by failing to support dependents and meet other family responsibilities. On or about February 1, 2014, the defendant failed to comply with court-ordered child support in Docket No. 06-0030252-FC Miami-Dade County Family Courtand is currently $37,339.83 in arrears.
5. Violation ofStandard Condition, by failingto follow the instructions of the probation officer. Since July 9, 2013, the defendant failed to provide pay stubs, as directed on July 9, 2013.
B. The government agreed to dismiss Violations 1 and 3 of the Petition, to wit,
1. Violation of Mandatory Condition, by failing to refrain from a violation of the law . On or about December 16, 2013, in Dade County, Florida, the defendant did commit the offense of Count 1. Criminal Mischief (0-$200.00), contrary to Florida Statute 806.13(1)(B)(1)(Misdemeanor) in case No. M14025977. On September 16, 2014. Disposition Nolle Pros.
3. Violation of Mandatory Condition, by failing to refrain from a violation of of the law. On or about June 30, 2013, in Dade County, Florida, the defendant did commit the offense of Count 1 Burglary (attempt) occupied, contrary to Florida Statute 810.02(A) Count 2 Simple Battery, contrary to Florida Statute 784.03 (Misdemeanor) in case No. F13015205 on July 30, 2013. Disposition No Action.
ln light of the foregoing, the undersigned RESPECTFULLY RECOMMENDS that the Court accept and adopt the parties' stipulation.
The parties have fourteen (14) days from the date of receipt of this Report and Recommendation within which to serve and file objections, if any, with the Honorable Ursula Ungaro, United States District Judge. See Local Magistrate Rule 4(b). Failure to timely tile objections shall bar the parties from attacking on appeal the factual findings contained herein. See Resolution Trust Corp. v. Hallmark Builders. lnc., 996 F.2d 1144, 1149 (11th Cir. 1993).
RESPECTFULLY RECOMMENDED.
Source: Leagle
