United States District Court, S.D. Indiana, Indianapolis Division
REPORT AND RECOMMENDATION
TIM A. BAKER, Magistrate Judge.
On February 11, 2014, the Court held a hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on January 30, 2014. Defendant Brandon Spears appeared in person with his appointed counsel, Joe Cleary. The government appeared by Gayle Helart, Assistant United States Attorney. U.S. Parole and Probation appeared by Officer Jason Phillips.
The Court conducted the following procedures in accordance with Federal Rule of Criminal Procedure 32.1(a)(1) and 18 U.S.C. § 3583:
1. The Court advised Spears of his rights and provided him with a copy of the petition. Spears waived his right to a preliminary hearing.
2. After being placed under oath, Spears admitted the new violations set forth in the January 29, 2014, petition, having previously admitted additional violations that were set forth in a September 6, 2013, petition. [Docket No. 53.]
3. The allegations to which Defendant admitted, as fully set forth in the January 29, 2014, petition, are:
4. The parties stipulated that:
(a) The highest grade of Violation (Violation 1) is a Grade B violation (U.S.S.G. § 7B1.1(a)(2)).
(b) Spears' criminal history category is 1.
(c) The range of imprisonment applicable upon revocation of Spears' Supervised release, therefore, is 4-10 months' imprisonment. ( See U.S.S.G. § 7B1.4(a).)
5. The Government recommended a sentence of four months, plus completion of the remaining terms of Spears' supervised release. Defendant asked for no jail time. The Magistrate Judge, having considered the factors in 18 U.S.C. § 3553(a), and as more fully set forth on the record, finds that incarceration is appropriate. Defendant tested positive for amphetamines on January 10, 2013; January 11, 2013; August 8, 2013; August 19, 2013; August 22, 2013; and most recently on January 18, 2014. Defendant also failed to report for urine screens on multiple occasions, most recently on January 14, 2014, and January 16, 2014. Defendant has had more than enough chances to come into compliance with the terms of his supervised release.
6. The Magistrate Judge would have recommended a higher sentence within the guideline range but for the fact that the Government did not request a longer sentence, Defendant is seeking treatment for his drug additions, and Defendant apologized to his wife and family for his conduct. Taking all of this into consideration, the Magistrate Judge finds a sentence at the low end of the guidelines is appropriate, and therefore recommends a sentence of four months, after which Defendant should be required to complete the remainder of his terms of supervised release, including all previously imposed special conditions.
Accordingly, the Magistrate Judge finds the Defendant violated the conditions in the petition, that his supervised release should be revoked, and that he should be sentenced to the custody of the Attorney General or his designee for a period of four months, with the remainder of his term of supervised release to follow, including all previously imposed special conditions. The Defendant is to be taken into custody immediately pending the District Judge's action on this Report and Recommendation.
The parties are hereby notified that the District Judge may reconsider any matter assigned to a Magistrate Judge. The parties have fourteen days after being served a copy of this Report and ...