U.S. v. Nelson

Dist. Ct. did not err in accepting defendant’s waiver of any hearing on govt.’s petition to revoke his second term of supervised release based on allegation that he had committed aggravated battery, possessed with intent to deliver cannabis and possessed cannabis during his second term of supervised release. Defendant indicated to court that he did not “want to fight it anymore” and then stipulated under oath that govt. would be able to provide enough evidence for court to find by preponderance of evidence that he had violated conditions of his supervised release. Moreover, he also indicated that he was aware that court was not required to accept parties’ joint recommendation that he receive 41-month prison term. Ct. rejected defendant’s claim that he did not understand charges against him, since defendant had conceded that govt. could present facts demonstrating that he had committed listed offenses. Also, defendant had to have understood rights that he was waiving, where he was represented and consulted with counsel, and where he stated that he understood that he was waiving right to full hearing and to challenge length of his sentence.