United States District Court, S.D. Indiana, Indianapolis Division
June 1, 2015
UNITED STATES OF AMERICA, Plaintiff,
THOMAS L. WOOD, Defendant.
REPORT AND RECOMMENDATION
TIM A. BAKER, District Judge.
On May 28, 2015, the Court held a hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on April 28, 2015. Defendant Wood appeared in person with his appointed counsel, Gwendolyn Beitz and Sara Varner. The government appeared by Doris Pryor, Assistant United States Attorney. U.S. Parole and Probation appeared by Officer Jason Nutter.
The Court conducted the following procedures in accordance with Fed. R. Crim. P. 32.1(a)(1) and 18 U.S.C. § 3583:
1. The Court advised Defendant Wood of his rights and provided him with a copy of the petition. Defendant Wood waived his right to a preliminary hearing.
2. After being placed under oath, Defendant Wood admitted violations 1, 3, and 4. [Docket No. 55.] Government orally moved to dismiss violations 2 and 5 and the Court granted the same.
3. The allegations to which Defendant admitted, as fully set forth in the petition, are:
4. The parties stipulated that:
(a) The highest grade of violation is a Grade C violation.
(b) Defendant's criminal history category is II.
(c) The range of imprisonment applicable upon revocation of supervised release, therefore, is 4 to 10 months' imprisonment.
5. The parties jointly recommended a sentence of 6 months to be served in the Federal Bureau of Prisons with no supervised release to follow. Defendant further requested placement as close to Indianapolis, Indiana as possible.
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 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 6 months, with no supervised release to follow. The Court will recommend placement in a facility as close to Indianapolis, Indiana as possible. 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 Recommendation to serve and file written objections with the District Judge.