Petition for Writ of Certiorari — Timothy L. Richards, Petitioner v. United States

Supreme Court briefApr 29, 2026

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No. ______

IN THE

Supreme Court of the United States

TIMOTHY L. RICHARDS,

Petitioner,

v.

UNITED STATES OF AMERICA,

Respondent.

On Petition for a Writ of Certiorari to the

United States Court of Appeals

for the Seventh Circuit

APPENDIX

JEROME T. FLYNN

Federal Community Defender

JARED HAMERNICK

Assistant Federal Defender

Counsel of Record

FEDERAL COMMUNITY DEFENDERS, INC.

2929 Carlson Dr., Ste. 101

Hammond, Indiana 46323

(219) 937-8020

jared_hamernick@fd.org

Counsel for Petitioner

TABLE OF CONTENTS FOR APPENDIX

Appendix A

Opinion of the U.S. Court of Appeals

for the Seventh Circuit, Dec. 8, 2025 ............................................... App. 1a

Appendix B

Order of the U.S. Court of Appeals

for the Seventh Circuit Denying Rehearing, Feb. 4, 2026 .............. App. 8a

Appendix C

Sentencing Transcript

Northern District of Indiana, Feb. 11, 2025 .................................... App. 9a

Appendix D

Judgment in a Criminal Case,

Northern District of Indiana, Feb. 11, 2025 .................................. App. 34a

Case: 25-1357

Document: 30

Filed: 12/08/2025

Pages: 7

In the

United States Court of Appeals

For the Seventh Circuit

____________________

No. 25-1357

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

TIMOTHY L. RICHARDS,

Defendant-Appellant.

____________________

Appeal from the United States District Court

for the Northern District of Indiana, Fort Wayne Division.

No. 1:10CR6-001 – Holly A. Brady, Chief Judge.

____________________

ARGUED NOVEMBER 18, 2025 — DECIDED DECEMBER 8, 2025

____________________

Before HAMILTON, ST. EVE, and KIRSCH, Circuit Judges.

ST. EVE, Circuit Judge. After Timothy Richards violated numerous conditions of his supervised release, the district court

sentenced him to 36 months’ imprisonment. Richards appeals

his sentence, arguing the district court erred by increasing the

length of his sentence for the purpose of rehabilitation. Tapia

v. United States, 564 U.S. 319 (2011). We affirm.

App. 1a

APPENDIX A

Case: 25-1357

Document: 30

Filed: 12/08/2025

Pages: 7

I. Background

In 2012, the district court sentenced Richards to 180

months’ imprisonment and six years of supervised release following his convictions for drug and firearm offenses. Richards completed his term of imprisonment and began supervised release in 2022. His conditions of supervised release included keeping lawful employment, notifying his probation

officer of changes of address or employment, and not possessing controlled substances. Richards did not comply with

these conditions. In May 2024, the homeless shelter where

Richards resided suspended him, but Richards failed to notify

his probation officer of this change in residence. Further, he

affirmatively misrepresented his place of residence in July

2024. That same month, Richards left his job without finding

another. Yet he did not notify his probation officer of his

change in employment status. Richards also failed multiple

drug tests. Richards’s probation officer petitioned to revoke

his supervised release in November 2024.

Richards admitted these violations at a February 2025 revocation hearing. The district court determined that the applicable Guidelines range for these violations combined with

Richards’s criminal history was 18 to 24 months’ imprisonment. The government requested that the court sentence Richards to 30 months’ imprisonment with supervised release

upon completion. Richards requested 18 months’ imprisonment without additional supervised release, contending that

the violations were not particularly serious. While considering Richards’s request, the district court said it was “struggling” with the fact that Richards had not satisfied his original

sentence and “he really has four years of supervised release

that he hasn’t satisfied.” Both the government and Richards’s

App. 2a

Case: 25-1357

Document: 30

Filed: 12/08/2025

Pages: 7

counsel emphasized the futility of additional supervision;

Richards would continue to violate the conditions because he

wanted to live his life independently—even if it meant being

homeless and jobless. Richards explained he would rather return to prison than continue under his probation officer’s supervision.

The district court revoked Richards’s supervised release

and imposed a 36-month sentence. The district court explained it came to this decision by considering the “seriousness of the admitted violations, the defendant’s personal history and characteristics, the defendant’s criminal history and

the term of imprisonment and term of supervised release initially imposed by the Court in this case.” It also recognized

“the defendant’s stated intention to not comply with the further term of supervised release if the Court were to impose

one.” The district court said, “a sentence of 36 months of imprisonment shall be imposed to hold the defendant accountable for the violations.”

The district court continued:

The sentence is imposed for the following reasons: While it is outside the guideline range, the

Court nonetheless finds that it provides the defendant with needed correctional treatment in

the most effective matter, and also adequately

takes into account the history and characteristics of the defendant. Therefore, it is ordered

that the defendant’s term of supervision is revoked and the defendant is hereby committed

to the custody of the Bureau of Prisons to be imprisoned for a term of 36 months of

App. 3a

Case: 25-1357

Document: 30

Filed: 12/08/2025

Pages: 7

imprisonment to hold the defendant accountable for the violations.

After recommending that the Bureau of Prisons designate

a specific facility for Richards and give him the opportunity

to participate in the Residential Drug Abuse Program, the district court added: “It is ordered that upon release from imprisonment … the defendant shall be discharged from any further

term of supervised release.”

II. Discussion

On appeal, Richards argues that the district court committed a Tapia error because it primarily focused on rehabilitation

when sentencing him to 36 months’ imprisonment. Although

the parties disagree on the proper standard of review, the district court did not err under either standard, so we need not

decide that question. *

* We recognize that we have not always applied a consistent standard

of review in Tapia cases. Compare United States v. Shaw, 39 F.4th 450, 456

(7th Cir. 2022) (applying de novo review), and United States v. Wilcher,

91 F.4th 864, 869–70 (7th Cir. 2024) (same), with United States v. Long,

79 F.4th 882, 885 (7th Cir. 2023) (applying plain error review), and United

States v. Kopp, 922 F.3d 337, 340, 342 n.2 (7th Cir. 2019) (same).

While we leave the opportunity to reconcile these cases for another

day, we address the government’s contention that the Supreme Court’s

dicta in Esteras v. United States, 606 U.S. 185, 202–03 (2025), abrogates our

opinions in United States v. Wood, 31 F.4th 593, 598 (7th Cir. 2022), and

United States v. Pennington, 908 F.3d 234, 238 (7th Cir. 2018). Because the

Supreme Court did not discuss Federal Rule of Criminal Procedure 51(a)

in Esteras, we previously rejected this argument, see United States v. Stewart, 148 F.4th 501, 509 n.3 (7th Cir. 2025), and do so again here.

App. 4a

Case: 25-1357

Document: 30

Filed: 12/08/2025

Pages: 7

A Tapia error occurs when a district court focuses “exclu-

sively or disproportionately on rehabilitation in deciding …

how long a [prison] term should be.” Long, 79 F.4th at 889;

see also 18 U.S.C. § 3582(a) (“[I]mprisonment is not an appropriate means of promoting correction and rehabilitation.”).

While a district court can urge the Bureau of Prisons to place

a defendant in a prison-treatment program, United States v.

Lucas, 670 F.3d 784, 795 (7th Cir. 2012), it cannot make such

placement the driving force behind the length of the sentence.

See Shaw, 39 F.4th at 459.

Richards asserts that the district court committed a Tapia

error by lengthening his sentence 12 months over the Guidelines range. Richards supports his argument with the district

court’s statement that it was imposing a sentence outside the

Guidelines range because “it provides the defendant with

needed correctional treatment.” But Richards mischaracterizes the Tapia inquiry. For a district court to lengthen a defendant’s sentence improperly for the purpose of rehabilitation,

there must be an “indication that the district court chose the

length of the sentence based upon the greater opportunities

for rehabilitation a longer prison sentence allowed.” Lucas,

670 F.3d at 795. In other words, the sentence must have been

longer than the one the district court would have ordered had

rehabilitation not driven it. See Kopp, 922 F.3d at 342–43

(changing sentence from 18 to 20 months so the defendant

could participate in a drug abuse program). A district court

can stay within the Guidelines and still make this error, see id.

at 340, so a sentence over the Guidelines range alone does not

establish a Tapia error. And here, Richards provides no such

comparison to what the district court would have otherwise

ordered.

App. 5a

Case: 25-1357

Document: 30

Filed: 12/08/2025

Pages: 7

Richards maintains that his supervised release violations

were not serious, so the district court could only have considered rehabilitation when setting his sentence at 36 months.

But as the government correctly notes, the district court considered a myriad of grounds for Richards’s sentence: Richards’s personal history and characteristics; his criminal history and original sentence; his stated refusal to comply with

the conditions of supervised release; and his numerous violations of the conditions of his supervised release. And even if

the violations were not serious, there were many.

Reviewing the entirety of the sentencing transcript,

see United States v. Durham, 967 F.3d 575, 579–80 (7th Cir.

2020), suggests another reason for the length of Richards’s

sentence: the district court, seeing it was fruitless for Richards

to remain on supervised release, chose the above-Guidelines

sentence because it was concerned about Richards not completing his original sentence. Richards had served only two of

the six years of supervised release in his original sentence. The

district court pointed out that he had not satisfied the original

sentence and “he really has four years of supervised release

that he hasn’t satisfied.” It was struggling with that fact. It

would make sense then for the district court to make this compromise: there was no supervised release after Richards’s

term of imprisonment—as Richards desired—but Richards

would serve three years’ imprisonment, meaning he would

nearly satisfy his original sentence.

While it is true the district court also reasoned the sentence

“provides the defendant with needed correctional treatment

in the most effective manner,” this phrase alone—a restatement of the rehabilitation factor of 18 U.S.C. § 3553(a)—does

not show, as Richards suggests, that the district court

App. 6a

Case: 25-1357

Document: 30

Filed: 12/08/2025

Pages: 7

disproportionately focused on rehabilitation when setting the

length of Richards’s sentence. The district court was required

to consider rehabilitation before revoking Richards’s supervision and imposing a sentence. See 18 U.S.C. § 3553(a); Shaw,

39 F.4th at 459. It did so properly by stating this factor and

recommending that Richards participate in prison programs.

See Lucas, 670 F.3d at 795.

*

*

*

The judgment of the district court is

AFFIRMED.

App. 7a

Case: 25-1357

Document: 41

Filed: 02/04/2026

Pages: 1

United States Court of Appeals

For the Seventh Circuit

Chicago, Illinois 60604

February 4, 2026

Before

DAVID F. HAMILTON, Circuit Judge

AMY J. ST. EVE, Circuit Judge

THOMAS L. KIRSCH II, Circuit Judge

No. 25-1357

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

Appeal from the United States District

Court for the Northern District of

Indiana, Fort Wayne Division.

v.

No. 1:10-cr-00006-HAB-SLC-1

TIMOTHY L. RICHARDS,

Defendant-Appellant.

Holly A. Brady,

Chief Judge.

ORDER

On December 19, 2025, the defendant-appellant filed a petition for rehearing and

rehearing en banc, and on January 20, 2026, the plaintiff-appellee filed an answer to the

petition. No judge in regular active service has requested a vote on the petition for

rehearing en banc * and the judges on the original panel have voted to deny rehearing. It

is, therefore, ORDERED that the petition for rehearing and rehearing en banc is

DENIED.

* Circuit Judges Doris L. Pryor and Rebecca Taibleson did not participate in the consideration of

this petition for rehearing en banc.

App. 8a

APPENDIX B

THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

FORT WAYNE DIVISION

UNITED STATES of AMERICA,

Plaintiff,

)

)

)

)CAUSE NO: 1:10-cr-6

v.

)

)

TIMOTHY RICHARDS,

)

Defendant.

)

--------------------------------TRANSCRIPT OF FINAL REVOCATION SENTENCING HEARING HELD

FEBRUARY 11, 2025, BEFORE THE

HONORABLE HOLLY A. BRADY, UNITED STATES

DISTRICT COURT JUDGE

APPEARANCES:

FOR THE GOVERNMENT:

TERESA ASHCRAFT, AUSA

DAWN RANSOME, AUSA

3128 Federal Building

Fort Wayne, Indiana 46802

FOR THE DEFENDANT:

MICHELLE KRAUS, ESQ.

200 E. Main Street

Suite 905

Fort Wayne, Indiana 46802

ALSO PRESENT:

The Defendant in person

Gregory Coleman, USPO

TINA GALLUCCI, RMR, CRR, FCRR

CERTIFIED REALTIME REPORTER

1300 South Harrison Street

Suite 2105

Fort Wayne, Indiana 46802

tina_gallucci@innd.uscourts.gov

(260) 423-3060

Tina

App. 9a

Gallucci, Federal Certified Realtime

Tina_Gallucci@innd.uscourt.gov

(260)423-3060

Reporter

APPENDIX C

002

1

(Whereupon, the following proceedings were held on

2

February 11, 2025, in open court; the defendant appearing in

3

person and with his counsel:)

4

THE CLERK:

5

The Honorable Holly A. Brady

presiding.

THE COURT:

6

7

All rise.

Please be seated.

We're on the record now in the matter of the United States

8

of America versus Timothy Richards in case number 1:10-cr-6.

9

Let the record reflect that the government is being

10

represented by Assistant United States Attorneys Teresa

11

Ashcraft and Dawn Ransome.

12

States Probation Officer Gregory Coleman.

13

present in person and with his counsel, Michelle Kraus.

14

15

They are accompanied by United

The defendant is

We're here today for a final hearing with respect to the

revocation of Mr. Richards' term of supervised release.

16

Mr. Richards, during this hearing, I'll need to ask you

17

some questions, and you may also wish to make a statement on

18

your own behalf.

19

please stand, raise your right hand, and be sworn.

20

So before we begin, I would ask that you

(Whereupon, the Defendant was administered the oath.)

21

THE DEFENDANT:

22

THE COURT:

Yes.

Please be seated.

Mr. Richards, do you

23

understand that you're now under oath, and if you answer any

24

of my questions falsely, or if you knowingly make any false

25

statements, your false answers or false statements could later

Tina

App. 10a

Gallucci, Federal Certified Realtime

Tina_Gallucci@innd.uscourt.gov

(260)423-3060

Reporter

003

1

be used against you in another prosecution for perjury?

2

THE DEFENDANT:

3

THE COURT:

4

THE DEFENDANT:

5

THE COURT:

6

THE DEFENDANT:

7

THE COURT:

8

THE DEFENDANT:

9

THE COURT:

10

THE DEFENDANT:

11

THE COURT:

12

Yes.

Do you understand that, sir?

Yes.

What's your date of birth?

June 3rd, 1969.

So you're 55?

Yes.

How far did you go in school?

Uh, graduated high school.

Okay.

Are you able to speak, read, write

and understand the English language?

13

THE DEFENDANT:

14

THE COURT:

Yes.

Have you been treated recently for any

15

mental illness or addiction to alcohol or narcotic drugs of

16

any kind?

17

THE DEFENDANT:

No, not recently.

18

THE COURT:

19

you most recently treated?

Okay.

20

THE DEFENDANT:

21

THE COURT:

22

THE DEFENDANT:

23

THE COURT:

When were you treated -- when were

Uh, I believe it was '23.

2023?

Mmm-mm.

Okay.

In the past 24 hours, have you

24

taken any drugs, pills or prescription medication or had any

25

alcoholic beverages to drink?

Tina

App. 11a

Gallucci, Federal Certified Realtime

Tina_Gallucci@innd.uscourt.gov

(260)423-3060

Reporter

004

1

THE DEFENDANT:

2

THE COURT:

3

No, ma'am.

Is there any reason you cannot understand

or participate fully in today's proceedings?

4

THE DEFENDANT:

5

THE COURT:

Nope.

Mr. Richards, did you receive a written

6

copy of the summary report of violations prepared by Officer

7

Coleman and filed on December 2nd, 2024, at docket entry 295,

8

detailing the alleged violations of your conditions of

9

supervision?

10

THE DEFENDANT:

11

THE COURT:

12

Have you fully discussed the alleged

violations and the case in general with Ms. Kraus?

13

THE DEFENDANT:

14

THE COURT:

15

Yes.

Yes.

Do you want me to read into the record

the alleged violations or do you waive the reading?

16

THE DEFENDANT:

Uh, you can read them, ma'am.

17

THE COURT:

18

ATTORNEY MICHELLE KRAUS:

Okay.

You want her to read these?

19

This is what you and I just talked about, or do you want her

20

to read them, or do you think you understand them sufficiently

21

to make an admission?

22

THE DEFENDANT:

23

ATTORNEY MICHELLE KRAUS:

24

THE COURT:

25

Okay.

Tina

App. 12a

She can read them.

Okay.

You want me to read them?

The summary report of violations provides the

Gallucci, Federal Certified Realtime

Tina_Gallucci@innd.uscourt.gov

(260)423-3060

Reporter

005

1

defendant is alleged to have violated the following conditions

2

of release:

3

allegation, the defendant shall not possess a controlled

4

substance, the defendant shall refrain from any unlawful use

5

of a controlled substance, the defendant shall submit to one

6

drug test within 15 days of release from imprisonment, and at

7

least two periodic tests thereafter as determined by the

8

Court.

9

Mandatory condition number 1, which is a new

Violation number 1 provides that on November 6, 2024, the

10

defendant signed an admission form admitting to smoking two

11

blunts containing marijuana on or about November 6, 2024.

12

previous allegations contained in the summary report provide

13

mandatory condition number 1, the defendant shall not possess

14

a controlled substance, the defendant shall refrain from any

15

unlawful use of a controlled substance, the defendant shall

16

submit to one drug test within 15 days of release from

17

imprisonment, and at least two periodic tests thereafter as

18

determined by the Court.

19

The

Violation number 1 provides that on July 31st, 2024, this

20

officer collected a urine sample from the defendant, which

21

yielded a positive result for the presence of marijuana.

22

defendant's (sic) admitted to smoking approximately three

23

joints containing marijuana on or about July 29th, 2024.

The

24

Standard condition number five provides that the defendant

25

shall work regularly at a lawful occupation, unless excused by

Tina

App. 13a

Gallucci, Federal Certified Realtime

Tina_Gallucci@innd.uscourt.gov

(260)423-3060

Reporter

006

1

the Probation Officer, for schooling, training or other

2

acceptable reasons.

3

Violation number 1 provides that the defendant has failed

4

to maintain lawful employment.

5

employed by Labor Works on July 2nd, 2024, and has not

6

provided any updated employment information.

7

The defendant was last

Standard condition number six provides the defendant shall

8

notify the Probation Officer at least 10 days prior to any

9

change of residence or employment.

10

Violation number 1 provides that on July 31st, 2024, the

11

defendant advised he was residing at the Fort Wayne Rescue

12

Mission.

13

Mission staff advised the defendant was involved in a physical

14

altercation with another resident on May 8th, 2024 and is

15

ineligible for all services until May 8th, 2026.

16

defendant has failed to notify this officer of any change in

17

his residence.

18

19

On September 24th, 2024, the Fort Wayne Rescue

The

Mr. Richards, do you fully understand what you've been

charged with having done or not having done?

20

THE DEFENDANT:

21

THE COURT:

Yes, ma'am.

Are you in any way dissatisfied with the

22

counsel, advice, and representation given to you by Ms. Kraus

23

in this case?

24

THE DEFENDANT:

25

THE COURT:

Tina

App. 14a

No, I'm not.

Mr. Richards, if I find that you violated

Gallucci, Federal Certified Realtime

Tina_Gallucci@innd.uscourt.gov

(260)423-3060

Reporter

007

1

your conditions of supervised release, I'm req -- rather, I'm

2

authorized by law to do one of the following:

3

continue your term of supervision with or without modifying or

4

enlarging the conditions of your supervision; or two, I can

5

extend your term of supervision, if less than the authorized

6

maximum term of supervision was previously imposed; or three,

7

I can revoke your term of supervision and impose a term of

8

imprisonment of not more than five years, without giving you

9

credit for the time previously served on post-release

10

supervision and add a new term of supervised release of not

11

more than five years, less any term of imprisonment imposed

12

based upon the revocation.

13

One, I can

Do you understand that, sir?

14

THE DEFENDANT:

15

THE COURT:

Yes.

I'm also generally required by law to

16

revoke your term of supervision and impose a term of

17

imprisonment if I find, one, that you possessed a firearm,

18

ammunition, destructive device or any other dangerous weapon;

19

two, you possessed a controlled substance; three, you refused

20

to comply with required drug testing; or four, as part of your

21

required drug testing, you tested positive for illegal

22

controlled substance more than three times over the course of

23

one year.

24

Do you understand that, sir?

THE DEFENDANT:

25

Tina

App. 15a

Yes, ma'am.

Gallucci, Federal Certified Realtime

Tina_Gallucci@innd.uscourt.gov

(260)423-3060

Reporter

008

THE COURT:

1

Mr. Richards, do you admit or deny the

2

alleged violations of the conditions of your supervision

3

described in the summary report?

4

THE DEFENDANT:

5

THE COURT:

I admit.

Mr. Richards, in a moment, I'm going to

6

ask Ms. Ashcraft to please summarize for us the material facts

7

showing the admitted violations of your supervision, and I'd

8

ask that you listen and pay very close attention to what she

9

says, because when she's done, I'm going to ask you if you

10

agree or disagree with what she says.

11

Can you do that for me?

12

THE DEFENDANT:

13

THE COURT:

14

Yes.

Ms. Ashcraft, can you please summarize

the factual basis showing the admitted violations?

ATTORNEY TERESA ASHCRAFT:

15

Yes, Judge.

The

16

government would present evidence that he was under the terms

17

of condition of supervised release, including mandatory

18

condition one, that he not possess a controlled substance and

19

refrain from unlawful use of a controlled substance; a

20

standard condition number five that he work regularly at a

21

lawful occupation, unless excused by Probation Officer for

22

schooling, training or other acceptable reasons; and lastly,

23

standard condition number six that he notify the Probation

24

Officer at least 10 days prior to any change of residence or

25

employment.

Tina

App. 16a

Gallucci, Federal Certified Realtime

Tina_Gallucci@innd.uscourt.gov

(260)423-3060

Reporter

009

1

The government would present evidence through United

2

States Probation Officer Gregory Coleman, as well as admission

3

documents to show that the defendant violated the terms of his

4

supervised release and that on November 6, the defendant

5

signed an admission form admitting to smoking two blunts

6

containing marijuana on or about November 6, 2024 and violated

7

that same condition previously when he submitted a urine

8

sample on July 31st, 2024, which yielded a positive result for

9

the presence of marijuana.

10

Officer to smoking approximately three joints containing

11

marijuana on or about July 29th, 2024, both being violations

12

of mandatory condition number 1.

13

And he admitted to our Probation

Furthermore, there's a violation of lawful occupation in

14

that he was to maintain employment.

15

Labor Works on July 2nd, 2024 and had not provided the United

16

States Probation Department with any updated employment

17

information since that time, which would be a violation of

18

standard condition number 5.

19

He was last employed by

And lastly, for violation of condition number 6, that on

20

July 31st, 2024, the defendant advised Probation Officer

21

Coleman that he was residing at the Fort Wayne Rescue Mission.

22

However, on the 24th day of September, last year, the Fort

23

Wayne Rescue Mission staff advised Probation Officer Coleman

24

that the defendant was involved in an physical altercation

25

back on May 8th of 2024 and had not been residing there and

Tina

App. 17a

Gallucci, Federal Certified Realtime

Tina_Gallucci@innd.uscourt.gov

(260)423-3060

Reporter

010

1

would not be eligible for any services until May 8th of 2026.

2

And that's the totality of the evidence the government would

3

submit.

4

THE COURT:

Thank you, Ms. Ashcraft.

5

ATTORNEY TERESA ASHCRAFT:

6

THE COURT:

7

Ashcraft just said?

Mr. Richards, did you hear what Ms.

8

THE DEFENDANT:

9

THE COURT:

10

Thank enough.

Yes, I did.

Do you agree or disagree with what she

said?

11

THE DEFENDANT:

12

THE COURT:

13

THE DEFENDANT:

14

THE COURT:

I agree.

Is it all true and correct?

It is.

I'm reasonably satisfied and find by a

15

preponderance of the evidence that the admitted violations

16

have been proven.

17

judgment that the defendant is guilty of committing the

18

admitted violations of the conditions of his supervision.

19

Therefore, the Clerk is ordered to enter

I further find these Grade B violations combined with the

20

defendant's criminal history category of five produce an

21

advisory guideline sentencing range of 18 to 24 months of

22

imprisonment.

23

Ms. Ashcraft, do you have any argument you wish to present

24

with respect to an appropriate sentence based upon the

25

admitted violations?

Tina

App. 18a

Gallucci, Federal Certified Realtime

Tina_Gallucci@innd.uscourt.gov

(260)423-3060

Reporter

011

1

ATTORNEY TERESA ASHCRAFT:

2

THE COURT:

3

ATTORNEY TERESA ASHCRAFT:

Yes, Judge, I do.

Go ahead.

It would be a lot easier

4

if Mr. Richards' violations were violations where he's picked

5

up new offenses.

6

Court.

7

I would have a better guidance to give this

These are the types of cases that leave me scratching my

8

head a little bit more, because he is violating probation.

9

His history and looking through his pretrial services report,

10

it's a pattern of behavior that he struggles with the terms of

11

probation or supervised release, and this case is no

12

different.

13

However, I understand and appreciate these aren't the most

14

egregious violations.

15

when you're looking at the 3553 factors of what's appropriate

16

for this defendant in this situation.

17

And so trying to weigh that balance

And I've had a few conversations with Probation Officer

18

Coleman on this.

I don't want to put words in his mouth, I

19

think that's the temperature with him, too, what do we do in

20

this situation.

21

have him serve a term of imprisonment and say we're done with

22

you.

The easy thing would be to cut him loose,

23

But I hesitate to ever make that recommendation,

24

especially on a first violation, because the defendant's

25

homeless, and has a pattern of substance abuse, including in

Tina

App. 19a

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Reporter

012

1

his past, he has a pattern of substance abuse that uses

2

cocaine.

3

worry that if left to his own devices without a period of

4

supervised release on the back end that we could be back in

5

that same boat.

6

And while we don't have those violations here, I

And when you couple that with homelessness, it's just a

7

matter of time if we cut him loose with just a period of

8

imprisonment that we're not looking at more violations of

9

criminal law.

10

And also, I don't think our Probation Department is ready

11

to give up on him.

12

being under what a lot of people like to call being under

13

papers, I think there's a lot to be said about what our

14

Probation Department can do for someone, including helping him

15

use the skills and trades he's used in the past and get him

16

into gainful employment.

17

get him into gainful employment, get him into substance abuse

18

treatment, and get him stable housing, then he's more likely

19

to be a productive member of society.

20

I know Mr. Richards might be fed up with

Because statistically speaking if we

But I don't know if Mr. Richards wants that.

And so it

21

leaves you scratching your head.

22

a sentence that says it's okay when you just don't want to be

23

under supervision, come in, screw up royally and we'll just be

24

done with you, because I think it sets the wrong message.

25

this was a hefty period of supervised release that

Tina

App. 20a

I don't want to advocate for

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Reporter

And

013

1

Mr. Richards was under and he continues to be under until the

2

middle or end of 2028.

3

I think what Probation Officer Coleman is recommending is

4

appropriate.

5

getting him some help in a more controlled setting and then

6

having a shorter term of supervised release on the back end

7

that can hopefully set him up.

8

I think it balances out the temperature of

So I'm in agreement with the recommendation.

I understand

9

that he may come in and advocate for being done, because we're

10

setting him up to fail.

11

to fail is if we don't have a period of supervised release on

12

the back end, then I think the government is absolutely

13

setting him up to fail.

14

history says he uses immediately, he's going to be homeless

15

and he hasn't had employment since last year.

16

see how he would be a productive member of our community,

17

which is ultimately what we like to see.

My counter argument to setting him up

Because he's going to come out,

I just don't

18

So for those reasons and the reasons Officer Coleman has

19

laid out in his summary report of violations, I would asking

20

for 30 years months revoked, with a term of supervised release

21

on the back end, Judge.

22

THE COURT:

Ms. Kraus, what are your thoughts?

23

ATTORNEY MICHELLE KRAUS:

Well, my thoughts are we

24

are absolutely going to set him up to fail if you put him on

25

supervised release, because he doesn't want to be there and

Tina

App. 21a

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014

1

he's not going to follow the rules.

2

now he doesn't want to be in supervised release, and if you

3

give it to him, he's going to break those rules.

4

going to be right back here, everybody is going to be more

5

frustrated because we're trying to help him, come on, Timothy,

6

we're trying to help you.

7

doesn't want it.

8

unemployed are not illegal.

9

And he'll tell you right

So we're

He doesn't want the help.

He

You know, and being homeless and being

There's nothing wrong with him.

It's not way you or I or

10

Mr. Coleman would choose to live our lives, but there's

11

nothing illegal about him choosing to live on the street.

12

has a brother who is in the courtroom today.

13

extended family.

14

we were able to make arrangements for Timothy to view the

15

funeral.

16

Mr. Doolin had the opportunity to speak with some of them.

17

But Tim wants to do what he wants to do.

18

He

He has a pretty

He had a brother who died very recently, and

You know, there were a lot of family members there.

The nature of the violations are pretty de minimal, right?

19

He was smoking some weed.

20

that's legal, but not here yet, not federally, but a matter of

21

time before I think that that happens.

22

I don't know how many states where

You know, does that mean that he's going to lead to -- you

23

know, he's got a history of being a crack addict, he's got a

24

history of using cocaine.

25

He didn't test positive for anything other than marijuana for

Tina

App. 22a

Well, he's also in his 50's now.

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015

1

the past two years while he was under supervision.

So I don't

2

think we necessarily have to say that the sky is falling,

3

Chicken Little.

4

it's inevitable you're going to break the law.

5

she's arguing.

6

we don't have him on supervised release.

That, you know, you're smoking marijuana,

That's what

It's inevitable he's going to break the law if

He didn't break the law, except smoking marijuana over the

7

8

course of the past two years.

He didn't maintain employment

9

and he didn't maintain housing, but we all feel like life

10

would be easier and better for Mr. Richards if he had those

11

things, but his choice is to be on the street.

12

choice.

And, you know, he has skills.

13

That is his

He's worked on cars his

14

entire life.

He learned at a very young age from his father,

15

from his grandfather, his brother's got an automotive place.

16

He has skills where he can go work and yet, you know, he just

17

kind of floats through life, and does it his way.

And, again, his way is not the way I would choose or the

18

19

way that the majority of people would choose, but being

20

homeless and being unemployed are not illegal.

21

So I think it is an exercise of futility to put him back

22

on supervised release, because he's being honest with all of

23

us.

24

take up a bed that he's going to have for a week when somebody

25

else who probably wants that bed is going to have to wait

I don't want to live in a halfway house.

Tina

App. 23a

Gallucci, Federal Certified Realtime

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You know, why

Reporter

016

1

2

until he violates that term of supervision.

So rather than have him fail and then he knows that he's

3

got to go back, you know, then at that point you have your

4

second violation, you got to send them back to the BOP, and

5

because he chooses to be homeless.

6

So while it's frustrating to us.

You know, Mr. Coleman is

7

a heck of a caring guy, works hard, tried to make this work

8

out with Timothy, but Tim doesn't want -- he doesn't want the

9

help.

10

to him violating his terms of supervised release.

11

I think sentencing range is 18 to 24 months.

He doesn't want it.

So there has to be a consequence

But the

12

recommendation is for 30.

13

supervision because he smoked marijuana and so that seems to

14

me to be excessive.

15

So it's above that plus some

So I would ask the Court to consider sentencing him to a

16

period of 18 months, the low end of his guideline

17

recommendation.

18

was ready to take responsibility at the last hearing.

19

the one who wanted to move it to try to get some more

20

mitigation on his behalf.

21

some family members and we just didn't hear back, which kind

22

of goes with -- maybe that's why Tim chooses to be what he is,

23

you know, and to float along and do what he wants to do.

24

18 months reflects the seriousness of the reason why we are

25

here, the violation --

Tina

App. 24a

You know, he has taken responsibility.

He

I was

And Mr. Doolin, he reached out to

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Reporter

But

017

THE COURT:

1

And with respect to that, you're right,

2

these are not particularly serious violations, but he hasn't

3

satisfied the sentence that Judge Springmann gave him.

4

satisfied his term of imprisonment, but then he had six years

5

of supervised release to serve and he was only on it for about

6

two.

7

he hasn't satisfied.

8

He

So he really has four years of supervised release that

So, you know, that's what I'm struggling with here is to

9

say hey, low end, that's enough here.

10

supervised release?

I mean --

ATTORNEY MICHELLE KRAUS:

11

I -- low end and no

I struggle with that as

12

well, Judge, but I'm also just trying to be pragmatic, right,

13

that if you give him more than that, you know, let's say you

14

give him the 24 months or let's say you go above the

15

guidelines and you give him the 30 months that is recommended

16

in the recommendation and no supervised release, that's

17

certainly punishes him for what he has done, but then what,

18

right?

19

the BOP for 30 months, we're all going to pay for that.

20

do his programming or not -- he probably won't do the

21

programming.

22

he gets out of the Bureau of Prisons.

23

out and hopefully work, if that's what he can do, and then do

24

what he's going to do.

25

So we're going to house him and he's going to sit in

He'll

He has no desire to be in a halfway house when

He just wants to come

And so, you know, how you balance that -- I certainly

Tina

App. 25a

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Reporter

018

1

understand that, in the big scheme of things, he had the six

2

year sentence to satisfy, he only satisfied two of it.

3

going forward, you know, what are the -- what are the costs

4

and benefits of keeping him in prison for any longer than 18

5

months?

6

however long you want him to sit in prison for.

7

do his time, he'll come out.

8

him on supervised release, just because it's not going to make

9

a difference for him.

10

But in

Clearly his punishment is to sit in prison for

He'll go and

I strongly urge you not to put

And, you know, our efforts and the probation efforts are

11

better spent on somebody who wants that help.

12

I'm not saying he's a bad man.

13

somebody who wants to do life his own way, and the supervision

14

is just -- he's just not going to comply with it is the

15

reality.

16

And, you know,

He's not a bad man.

He's just

And he's not -- you know, you can look at how soft

17

spoken -- he's not snubbing his nose at the Court's authority.

18

He's just resigned as to who he is and what he can expect of

19

himself.

20

Court what you can expect from him in the future.

21

the way he is.

22

And to be honest, he's being very honest with the

It's just

So, you know, whatever amount of time you think is

23

appropriate, he's going to go serve that time.

24

know how much programming he's going to get himself into when

25

he gets there.

Tina

App. 26a

Again, I don't

But when he gets back out, you know, he'll

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Reporter

019

1

have some family members to fall back on, if that's what he

2

wants to do.

3

and living on the streets again.

4

he wants to do.

5

that.

But if he's a loaner, he's just going to go back

But there's nothing illegal about him doing

THE COURT:

6

That's because that's what

Thank you, Mrs. Kraus.

I appreciate your

7

honesty.

Officer Coleman, what are your thoughts?

8

why would we use the precious resources of a Probation Officer

9

for somebody who is unwilling to engage with you?

PROBATION OFFICER COLEMAN:

10

I mean,

I think the one thing I

11

look at is from the first -- up until that June -- that first

12

positive drug test, he submitted six negative samples.

13

going to his treatment at the Bowen Center as he was supposed

14

even before he started supervised release.

15

Take Five in Michigan City.

16

and is able to be successful.

17

successful.

18

has it in him to be successful.

He was

He was working at

So all of that shows me he can

It's just he has to want to be

It's not that he's not unable to.

19

THE COURT:

20

PROBATION OFFICER COLEMAN:

And I think he

I mean, he's got a great skill.

And even when he started

21

his supervised release, I mean, he had the goal of getting his

22

ASE automotive certification.

23

navigated FAFSA process all on his own, got approved for

24

financial aid and was taking courses.

25

see people on supervised release do all the time.

Tina

App. 27a

He went out to Ivy Tech,

Those aren't things we

Gallucci, Federal Certified Realtime

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(260)423-3060

So for him

Reporter

020

1

to do those, test negative, it shows me he is able and has the

2

ability to follow the conditions of the Court and live a

3

better life.

4

has periods of time he does want better for himself.

5

He has to want that for himself.

And I think he

And I think unfortunately a lot of people like himself do

6

see that Hey, this is really hard out in the real world.

7

a lot easier for me to go to prison where somebody is telling

8

me what to do every minute of the day, what time to wake up,

9

what time I can eat, when I can go to the bathroom, when I can

10

shower, when I can call home.

11

home to the real world that I struggle and I think that's

12

maybe the position Mr. Richards may be in.

THE COURT:

13

14

15

18

19

Thank you, Mr. or Officer Coleman.

Okay.

podium.

ATTORNEY MICHELLE KRAUS:

You and I can stand up here

now.

(Whereupon, Attorney Kraus and the defendant approach the

podium.)

THE COURT:

20

21

But it's when I have to come

Ms. Kraus, will you and Mr. Richards please approach the

16

17

It's

Mr. Richards, do you wish to make any

statement in mitigation of punishment?

22

THE DEFENDANT:

23

THE COURT:

No.

What are your thoughts?

I mean, Officer

24

Coleman's report kind of goes through and I think Ms. Kraus

25

supports it.

Tina

App. 28a

You kind of decide what you're going to do and

Gallucci, Federal Certified Realtime

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Reporter

021

1

nobody tells you what you're going to do.

2

THE DEFENDANT:

3

THE COURT:

Is that accurate?

Pretty much so.

And so you would rather spend time at the

4

BOP than work with the Probation Officer to see if we can get

5

you on the right track?

6

THE DEFENDANT:

7

THE COURT:

Yes.

Okay.

I appreciate your honesty.

I

8

think that's an unfortunate decision on your part, but having

9

considered the seriousness of the admitted violations, the

10

defendant's personal history and characteristics, the

11

defendant's criminal history and the term of imprisonment and

12

term of supervised release initially imposed by the Court in

13

this case, and given the defendant's stated intention to not

14

comply with the further term of supervised release if the

15

Court were to impose one, and having considered the arguments

16

of the parties and the statements of the Probation Officer and

17

all of the relevant factors set forth in 18 U.S.C. Section

18

3553(a), I find that the defendant's term of supervision

19

should be revoked and a sentence of 36 months of imprisonment

20

shall be imposed to hold the defendant accountable for the

21

violations.

22

The sentence is imposed for the following reasons:

While

23

it is outside the guideline range, the Court nonetheless finds

24

that it provides the defendant with needed correctional

25

treatment in the most effective manner, and also adequately

Tina

App. 29a

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Reporter

022

1

takes into account the history and characteristics of the

2

defendant.

3

Therefore, it is ordered that the defendant's term of

4

supervision is revoked and the defendant is hereby committed

5

to the custody of the Bureau of Prisons to be imprisoned for a

6

term of 36 months of imprisonment to hold the defendant

7

accountable for the violations.

8

Ms. Kraus, does the defendant have any requests of the

9

Court with respect to recommendations for placement or

10

programming?

ATTORNEY MICHELLE KRAUS:

11

12

to be?

Is there any place you want

Were you up at Milan before?

13

THE DEFENDANT:

14

ATTORNEY MICHELLE KRAUS:

15

THE COURT:

You want to go back?

Yeah.

Okay.

Milan, please.

The Court will recommend that the

16

BOP attempt to designate the defendant to the Milan, Michigan

17

facility to allow friends and family to visit him.

18

The Court will recommend that the defendant be given the

19

opportunity to participate in any -- in the Residential Drug

20

Abuse Program or other programming to address any addiction

21

issues.

22

The defendant will also be recommended for consideration

23

for participation in the recidivism reduction programs

24

implemented by the BOP under the First Step Act.

25

It is ordered that upon release from imprisonment by the

Tina

App. 30a

Gallucci, Federal Certified Realtime

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Reporter

023

1

BOP, the defendant shall be discharged from any further term

2

of supervised release.

3

The defendant is -- if the defendant has not done so, he

4

is again ordered to pay all financial objections under the

5

same terms previously imposed and ordered by this Court in its

6

judgment entered on September 5th, 2012.

7

8

Ms. Ashcraft, do you know of any reason why the sentence

should not be imposed as stated?

9

ATTORNEY TERESA ASHCRAFT:

10

THE COURT:

11

Ms. Kraus, do you know of any reason why

the sentence should not be imposed as stated?

12

ATTORNEY MICHELLE KRAUS:

13

THE COURT:

14

15

No, Your Honor.

No, ma'am.

I now order the sentence imposed as

stated?

Mr. Richards, you've now heard the judgment of this Court

16

imposing judgment upon you.

17

Rules of Criminal Procedure, you have a right to appeal your

18

conviction and sentence under certain circumstances,

19

particularly if you think the sentence in this case is somehow

20

contrary to law.

21

Pursuant to Rule 32(J) of the

With few exceptions, any Notice of Appeal must be filed

22

within 14 days of judgment being entered in your case.

23

want to file an appeal and you are unable to pay the cost of

24

an appeal, you may be able to file an appeal at no cost to

25

you.

Tina

App. 31a

Gallucci, Federal Certified Realtime

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(260)423-3060

Reporter

If

024

1

2

If you so request, the Clerk of the Court will prepare and

file a notice of appeal on your behalf.

3

Ms. Kraus, as the defendant's lawyer, I remind you of your

4

duty to perfect a timely appeal of this sentence, should your

5

client wish to do so.

6

responsibilities under Circuit Rule 51.

7

That concludes the proceedings.

8

You're also reminded of your continuing

The defendant is hereby

remanded to the custody of the United States Marshals.

9

ATTORNEY MICHELLE KRAUS:

10

THE CLERK:

All rise.

*

11

Thank you, Judge.

*

*

12

13

14

15

16

17

18

19

20

21

22

23

24

25

Tina

App. 32a

Gallucci, Federal Certified Realtime

Tina_Gallucci@innd.uscourt.gov

(260)423-3060

Reporter

025

1

2

3

4

CERTIFICATE OF THE REPORTER

5

6

I hereby certify that the foregoing proceedings is true

7

and correct, as taken down and transcribed to the best of my

8

ability, with the aid of realtime computer-aided

9

transcription and/or a transcriptionist.

10

11

s/ Tina M. Gallucci_____________

Tina M. Gallucci, RMR, CRR, FCRR

United States District Court Reporter

12

13

14

15

16

Certificate applies only to Original Transcript hereof,

and does not apply to any copies of this, whether Xerox or

computerized.

17

18

19

20

21

22

23

24

25

Tina

App. 33a

Gallucci, Federal Certified Realtime

Tina_Gallucci@innd.uscourt.gov

(260)423-3060

Reporter

USDC IN/ND case 1:10-cr-00006-HAB-SLC

document 303

filed 02/11/25

page 1 of 4

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

UNITED STATES OF AMERICA

Plaintiff,

vs.

TIMOTHY LEE RICHARDS

Defendant.

CASE NUMBER: 1:10CR6-001

USM Number: 10460-027

MICHELLE F KRAUS - FCD

DEFENDANT’S ATTORNEY

JUDGMENT IN A CRIMINAL CASE

(For Revocation of Probation or Supervised Release)

THE DEFENDANT admitted guilt to Violation No. 1 of Mandatory Condition No.1 (New

Allegation), Violation No. 1 of Mandatory Condition No. 1 (Previous Allegation), Violation No. 1 of

Standard Condition No. 5 (Previous Allegation) and Violation No. 1 of Standard Condition No. 6

(Previous Allegation) of the term of supervision.

ACCORDINGLY, the Court has adjudicated that the Defendant is guilty of the following offense:

Violation Number

Mandatory

Condition No. 1

(New Allegation)

Violation No. 1

Mandatory

Condition No. 1

(Previous

Allegation)

Violation No. 1

Standard

Condition No. 5

(Previous

Allegation)

Violation No. 1

App. 34a

Nature of Violation

The Defendant signed an admission form

admitting to smoking two blunts, containing

marijuana.

Date Violation

Concluded

On or About

November 6, 2024

On July 31, 2024, this officer collected a urine

sample from the Defendant, which yielded a

positive result for the presence of marijuana. The

Defendant admitted to smoking approximately

three joints, containing marijuana.

On or About

July 29, 2024

The Defendant has failed to maintain lawful

employment. The Defendant was last employed

by LaborWorks and has not provided any

updated employment information.

July 2, 2024

APPENDIX D

USDC IN/ND case 1:10-cr-00006-HAB-SLC

document 303

Defendant: TIMOTHY LEE RICHARDS

Case Number: 1:10CR6-001

Standard

Condition No. 6

(Previous

Allegation)

Violation No. 1

filed 02/11/25

The Defendant advised he was residing at the

Fort Wayne Rescue Mission. On September 24,

2024, Fort Wayne Rescue Mission staff advised

the Defendant was involved in a physical

altercation with another resident on May 8, 2024,

and is ineligible for all services until May 8, 2026.

The Defendant has failed to notify this officer of

a change in his residence

page 2 of 4

Page 2 of 4

July 31, 2024

The Defendant is sentenced as provided in pages 3 through 4 of this Judgment. The sentence is

imposed pursuant to the Sentencing Reform Act of 1984.

The Court ORDERS the Defendant’s current term of supervision REVOKED.

IT IS ORDERED that the Defendant must notify the United States Attorney for this District within

30 days of any change of name, residence, or mailing address until all fines, restitution, costs and

special assessments imposed by this Judgment are fully paid. If ordered to pay restitution, the

Defendant must notify the Court and United States Attorney of any material change in economic

circumstances.

February 11, 2025

Date of Imposition of Judgment

s/ Holly A. Brady

Signature of Judge

Holly A. Brady, Chief Judge, U. S. District Court

Name and Title of Judge

February 11, 2025

Date

2

App. 35a

USDC IN/ND case 1:10-cr-00006-HAB-SLC

document 303

Defendant: TIMOTHY LEE RICHARDS

Case Number: 1:10CR6-001

filed 02/11/25

page 3 of 4

Page 3 of 4

IMPRISONMENT

The Defendant is hereby committed to the custody of the United States Bureau of Prisons to be

imprisoned for a term of 36 MONTHS.

The Court makes the following recommendations to the Bureau of Prisons:

1. That the Defendant serve his term of imprisonment at the federal facility in Milan, Michigan

to facilitate visitation with family and friends.

2. That the Defendant participate in the Residential Drug Assistance Program (RDAP) or

another available program to address his substance abuse issues.

3. That the Defendant be considered for enrollment in any Evidence Based Recidivism

Reduction Programs or other programs implemented by the BOP to allow the Defendant

to earn early release credits under the First Step Act.

4. That the Defendant participate in residential re-entry programs specific to his needs, as

available under the First Step Act.

5. That the Defendant be assessed for participation in the Evidence Based Recidivisim

Reduction Program (pursuant to the First Step Act) as well as any recidivism programs

developed or to be developed under 34 U.S.C. § 605.

The Defendant is remanded to the custody of the United States Marshal.

RETURN

I have executed this Judgment as follows:

Defendant delivered ____________________ to ______________ at ______________,

with a certified copy of this Judgment.

_____________________________

UNITED STATES MARSHAL

By: _____________________________

DEPUTY UNITED STATES MARSHAL

3

App. 36a

USDC IN/ND case 1:10-cr-00006-HAB-SLC

document 303

Defendant: TIMOTHY LEE RICHARDS

Case Number: 1:10CR6-001

filed 02/11/25

page 4 of 4

Page 4 of 4

SUPERVISED RELEASE

No new term of supervised is imposed.

CRIMINAL MONETARY PENALTIES

The Court ORDERS the Defendant to pay all financial obligations, including the balance of the

restitution ordered, and to do so under the same terms previously imposed and ordered by the

Court in its original judgment entered on December 5, 2012. Defendant shall receive credit for all

payments made to date.

4

App. 37a

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Petition for Writ of Certiorari — Timothy L. Richards, Petitioner v. United States | Frix