Stinson v. Hendrix

          PROPOSED FINDINGS AND RECOMMENDATIONS

         INSTRUCTIONS

         The following recommended disposition has been sent to United States District Court Judge Brian S. Miller. Any party may serve and file written objections to this recommendation. Objections should be specific and should include the factual or legal basis for the objection. If the objection is to a factual finding, specifically identify that finding and the evidence that supports your objection. An original and one copy of your objections must be received in the office of the United States District Court Clerk no later than fourteen (14) days from the date of the findings and recommendations. The copy will be furnished to the opposing party. Failure to file timely objections may result in waiver of the right to appeal questions of fact.

         If you are objecting to the recommendation and also desire to submit new, different, or additional evidence, and to have a hearing for this purpose before the District Judge, you must, at the same time that you file your written objections, include the following:

1. Why the record made before the Magistrate Judge is inadequate.

2. Why the evidence proffered at the hearing before the District Judge (if such a hearing is granted) was not offered at the hearing before the Magistrate Judge.

3. The detail of any testimony desired to be introduced at the hearing before the District Judge in the form of an offer of proof, and a copy, or the original, of any documentary or other non-testimonial evidence desired to be introduced at the hearing before the District Judge.

         From this submission, the District Judge will determine the necessity for an additional evidentiary hearing, either before the Magistrate Judge or before the District Judge.

         Mail your objections and “Statement of Necessity” to:

Clerk, United States District Court

Eastern District of Arkansas

600 West Capitol Avenue, Suite A149

Little Rock, AR 72201-3325

         DISPOSITION

         This matter is before the undersigned United States Magistrate Judge of the District Court on the petition of federal prisoner Mark Stinson for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (Docket Entry #1, Petition) Petitioner is a federal prisoner incarcerated in Forrest City, Arkansas. He was convicted in the Western District of Tennessee on December 8, 2017, of conspiracy to defraud the United States; theft of government funds; aggravated identify theft (two counts); failure to collect, truthfully account for and pay payroll taxes (five counts); and filing false statements on a tax document (five counts). (Docket Entry #9-1, Judgment). United States v. Mark Stinson, No. 2:16-cr-20247-001-JTF. The Court sentenced Stinson to 75 months imprisonment. Id. Stinson's wife, Jayton Stinson, was also indicted; she pleaded guilty to one count and received twelve months ...