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United States v. Williams

United States District Court, S.D. Indiana, Indianapolis Division

March 18, 2015

UNITED STATES OF AMERICA, Plaintiff,
v.
ZACHARY DION WILLIAMS, Defendant.

REPORT AND RECOMMENDATION

MARK J. DINSMORE, District Judge.

On March 4, 2015, the Court held a hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on January 23, 2015. Defendant Williams appeared in person with his appointed counsel, William Dazey. The government appeared by Brad Shepard, Assistant United States Attorney. U.S. Parole and Probation appeared by Officer Diane Asher.

The Court conducted the following procedures in accordance with Fed. R. Crim. P. 32.1(a)(1) and 18 U.S.C. ยง 3583:

1. The Court advised Defendant Williams of his rights and provided him with a copy of the petition. Defendant Williams waived his right to a preliminary hearing.

2. After being placed under oath, Defendant Williams admitted to having committed violation no. 5. [Dkt. 12.]

3. The allegation to which Defendant admitted his guilt, as fully set forth in the petition, is as follows:

Violation Number Nature of Noncompliance 5 "The defendant shall refrain from any unlawful use of a controlled substance." Mr. Williams submitted drug screens on December 16, 2014, and January 7, 2015, both of which returned positive for marijuana. As previously reported to the Court, on November 1 and 12, 2014, Mr. Williams submitted drug screens which tested positive for marijuana. On November 12, 2014, he admitted his use of marijuana to the probation officer.

[Dkt. 12 at 2.]

4. The Government orally moved to dismiss violations 1, 2, 3, 4, and 6 and the Court granted the same.

5. The parties stipulated that:

(a) The highest grade of violation is a Grade C violation.
(b) Defendant's criminal history category is IV.
(c) The recommended range of imprisonment applicable upon revocation of supervised release, therefore, is 6 ...

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