Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Mitchell

United States District Court, E.D. Kentucky, Northern Division, Covington

May 5, 2017

UNITED STATES OF AMERICA PLAINTIFF
v.
KEVIN R. MITCHELL DEFENDANT

          REPORT AND RECOMMENDATION

          Candace J. Smith United States Magistrate Judge.

         On May 3, 2017, this matter came before the Court for a Final Revocation Hearing on the U.S. Probation Office's Amended Violation Report dated April 26, 2017, reporting that Defendant Kevin Mitchell had violated conditions of his supervised release. Defendant was present in Court and represented by Steven N. Howe, and the Government was represented by Assistant U.S. Attorney (AUSA) Elaine K. Leonhard.[1] The proceeding was electronically recorded and is contained in the Court's audio file at KYED-COV__2-15-cr-42-DLB-CJS20170503140330; the official record of this proceeding was certified by Kati Bramble, Deputy Clerk.

         Upon call of this matter at the Final Revocation Hearing on Supervised Release Violations, the parties informed the Court that they had reached an agreement on the pending violations. Specifically, Defendant agreed to plead guilty to the violations as set forth in the April 26, 2017, Amended Violation Report. In addition, Defendant agreed to waive allocution and his right to appeal any sentence ultimately imposed by presiding District Judge Bunning. In exchange, the Government agreed to a recommended sentence of 6 months of imprisonment with 2 years of supervision to follow. The parties also agreed that immediately upon release to the new term of supervision, Defendant shall be placed in a residential treatment program to be determined by the U.S. Probation Office. The undersigned finds that the parties' agreement is an appropriate disposition of this matter, and therefore it will be recommended that Defendant's supervised release be revoked and that he be sentenced to a 6-month term of imprisonment, with a 2-year term of supervised release to follow, with the special condition that immediately upon his release, he be placed in a residential treatment program as directed by his Probation Officer.

         I. Background

         On December 3, 2015, Defendant pleaded guilty to conspiracy to distribute heroin in violation of 21 U.S.C. § 846. (R. 43). On March 31, 2016, the Court sentenced Defendant to 18 months of imprisonment with a 3-year term of supervised release to follow. (R. 63). Defendant's period of supervision began on February 2, 2017. (R. 70).

         On April 19, 2017, United States Probation Officer (USPO) Melissa A. Mutter filed a Petition for Warrant for Offender under Supervision, requesting a warrant be issued to bring Defendant before the Court on charges that he violated conditions of his supervised release. (R. 70). Defendant was arrested, and on April 24, 2017, he was brought before the undersigned for initial appearance on supervised release violations.

         As discussed above, at the Final Revocation Hearing, defense counsel informed the Court that Defendant was prepared to admit to the violations contained in the April 26, 2017, Amended Violation Report. Defendant confirmed this was his intention. Prior to taking his plea, the undersigned explained to Defendant the statutory maximum term of incarceration and supervised release as well as the applicable Guidelines range.[2] The undersigned further explained that while a recommendation of an appropriate sentence will be made to the presiding District Judge, it is ultimately the decision of District Judge Bunning as to the final sentence to be imposed. Defendant acknowledged his understanding and stated that he was prepared to admit to the violations in the Amended Violation Report. Defendant also acknowledged that he understands he will not be permitted to withdraw his admission to the violations if the final sentence should differ from what he seeks.

         Accordingly, after being placed under oath, Defendant admitted and entered a guilty plea to the violations of his supervised release as set out in the April 26, 2017, Amended Supervised Release Violation Report of U.S. Probation Officer Specialist Melissa A. Mutter. Specifically, Defendant admitted to the following violations of supervised release and the factual circumstances set forth below:

Violation No. 1:The Defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any narcotic or controlled substance or any paraphernalia related to such substances, except as prescribed by a physician. (Grade C violation).

         Defendant provided multiple urine specimens on various dates which tested positive for controlled substances as follows:

February 7, 2017: buprenorphine and alcohol
February 22, 2017: cocaine metabolite and alcohol
February 28, 2017: cocaine ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.