Filed: Oct. 10, 2018
Latest Update: Oct. 10, 2018
Summary: REPORT AND RECOMMENDATION MARK J. DINSMORE , Magistrate Judge . On October 4, 2018, the Court held a hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on September 5, 2018. Defendant Wrightsman appeared in person with his appointed counsel William Dazey. The government appeared by Tiffany Preston, Assistant United States Attorney. U. S. Parole and Probation appeared by Officer Troy Adamson. The Court conducted the following procedures in accordance with Fe
Summary: REPORT AND RECOMMENDATION MARK J. DINSMORE , Magistrate Judge . On October 4, 2018, the Court held a hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on September 5, 2018. Defendant Wrightsman appeared in person with his appointed counsel William Dazey. The government appeared by Tiffany Preston, Assistant United States Attorney. U. S. Parole and Probation appeared by Officer Troy Adamson. The Court conducted the following procedures in accordance with Fed..
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REPORT AND RECOMMENDATION
MARK J. DINSMORE, Magistrate Judge.
On October 4, 2018, the Court held a hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on September 5, 2018. Defendant Wrightsman appeared in person with his appointed counsel William Dazey. The government appeared by Tiffany Preston, Assistant United States Attorney. U. S. Parole and Probation appeared by Officer Troy Adamson.
The Court conducted the following procedures in accordance with Fed. R. Crim. P. 32.1(a)(1) and 18 U.S.C. § 3583:
1. The Court advised Defendant Wrightsman of his rights and ensured he had a copy of the Petition. Defendant Wrightsman orally waived his right to a preliminary hearing.
2. After being placed under oath, Defendant Wrightsman admitted violation number 1 as set forth in the Petition. [Docket No. 590.]
3. The allegations to which Defendant admitted, as fully set forth in the Petition,1 are:
Violation
Number Nature of Noncompliance
1 "The defendant shall refrain from any unlawful use of a controlled
substance."
On August 28, 2018, Mr. Wrightsman submitted a urine sample which
tested positive for cocaine and methamphetamine. He admitted ingesting
the substances.
As previously reported to the Court, the offender tested positive for cocaine
on December 21, 2017, January 9, 16, February 16, April 20, 24, and May
8, 2018.
4. The Court finds that:
(a) The highest grade of violation is a Grade B violation.
(b) Defendant's criminal history category is III.
(c) The range of imprisonment applicable upon revocation of supervised release, therefore, is 8 to 14 months' imprisonment.
5. Parties jointly recommended a sentence of eight (8) months incarceration with no supervised release to follow.
The Magistrate Judge, having considered the factors set forth in 18 U.S.C. § 3553(a), and as more fully set forth on the record, finds that the Defendant violated the conditions set forth in the Petition, and recommends that Defendant's supervised release be revoked, and that he be sentenced to the custody of the Attorney General or his designee for a period of eight (8) months with no supervised release to follow. The Defendant is to be taken into custody immediately pending the District Judge's action on this Report and Recommendation.
The parties are hereby notified that the District Judge may reconsider any matter assigned to a Magistrate Judge. The parties have fourteen days after being served a copy of this Report and Recommendation to serve and file written objections with the District Judge.
Dated: 10 OCT 2018
Distribution:
All ECF-registered counsel of record via email generated by the court's ECF system United States Probation Office, United States Marshal
