United States District Court, E.D. Kentucky, Northern Division, Covington
REPORT AND RECOMMENDATION
Candace J. Smith United States Magistrate Judge.
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. 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,
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.
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).
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
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. 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.
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).
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 ...