UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

HAMMOND DIVISION

UNITED STATES OF AMERICA, )

)

v. ) CAUSE NO.: 2:13-CR-100-JTM-JEM

 )

ANTOINE T. MCCLAIN, )

Defendant. ) 

FINDINGS AND RECOMMENDATION OF THE MAGISTRATE JUDGE 

UPON A SUPERVISED RELEASE REVOCATION HEARING

TO: THE HONORABLE JAMES T. MOODY,

UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF INDIANA

On May 18, 2017, the United States Government appeared by counsel Assistant United

States Attorney Nicholas J. Padilla. Defendant Antoine T. McClain appeared in person and by

counsel Jennifer R. Soble and in the custody of the United States Marshal. United States Probation

Officer 

Jerry Navarro appeared. The Supervised Release Revocation Hearing was held. The Court received

evidence and comments.

Based upon the record of proceedings the Court makes this Report and Recommendation.

On October 4, 2013, Defendant McClain pled guilty to the Count I charge in the Indictment 

(felon in possession of a firearm). On February 26, 2014, Judge James T. Moody originally

sentenced Defendant McClain to, among other things, a term of imprisonment followed by three

years of supervised release subject to specified written terms and conditions, later modified to

allowance for residence in a halfway house for up to 120 days to allow for intensive drug treatment.

On February 28, 2017, the Government filed a Petition alleging that the Defendant violated

the terms and conditions of his supervised release [DE 59], and an arrest warrant was issued. On

March 8, 2017, Defendant McClain was arrested and an Initial Appearance was held. 
On April 25, 2017, Defendant McClain, by counsel, filed a Motion to Transfer to Magistrate

Judge, which was granted, and on May 4, 2017, Judge James Moody issued an Order referring this

case to the undersigned Magistrate Judge to conduct the Supervised Release Revocation Hearing,

to recommend modification, revocation, or termination of the supervised release in this case, and

to submit proposed findings and recommendations pursuant to 18 U.S.C. § 3401(i), 28 U.S.C. §

636(b)(1)(B), and N.D. Ind. Local Rule 72-1.

As a result of the May 18, 2017, Supervised Release Revocation Hearing, the undersigned

Magistrate Judge FINDS that:

1. Defendant McClain has been advised of his right to remain silent, his right to

counsel, his right to be advised of the charges against him, his right to a contested

Supervised Release Revocation Hearing, and his rights in connection with such a

hearing;

2. Defendant McClain understands the proceedings, allegations and his rights;

3. Defendant McClain knowingly and voluntarily admitted that he committed each of

the violations set forth in the February 28, 2017, Petition [DE 59] and that those

allegations are true;

4. The violations are Grade C violations, Defendant’s criminal history category is IV,

the advisory guideline range is 6 to 12 months imprisonment, and the statutory

maximum sentence that may be imposed is 24 months imprisonment.

The undersigned Magistrate Judge RECOMMENDS to Judge James Moody that:

1. Defendant McClain be adjudged to have committed a violation of his supervised

release described in the February 28, 2017, Petition [DE 59];

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2. The supervised release of Defendant McClain be revoked;

3. Defendant McClain be ordered committed to the United States Bureau of Prisons

forthwith to serve 6 months of additional imprisonment therein; and

4. After successful completion of the additional term of imprisonment Defendant

McClain not continue on supervised release.

The parties agreed to waive any objections to these Findings and Recommendation.

SO ORDERED this 18th day of May, 2017.

s/ John E. Martin 

MAGISTRATE JUDGE JOHN E. MARTIN

UNITED STATES DISTRICT COURT

cc: All counsel of record

District Judge James Moody

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