United States District Court, S.D. Indiana, Indianapolis Division
REPORT AND RECOMMENDATION
Baker United States Magistrate Judge
December 29, 2015 and January 5, 2016, the Court held
hearings on the Petition for Warrant or Summons for Offender
Under Supervision filed on December 28, 2015. Defendant
appeared in person with his appointed counsel, Jack Crawford.
The government appeared by Brad Shepard and Peter Blackett,
Assistant United States Attorney. U.S. Parole and Probation
appeared by Officers Felecia Wagner and Mark McCleese.
Court conducted the following procedures in accordance with
Fed. R. Crim. P. 32.1(a)(1) and 18 U.S.C. § 3583:
Court advised Defendant Jett of his rights and provided him
with a copy of the petition. Defendant Jett orally waived his
right to a preliminary hearing.
After being placed under oath, Defendant Jett admitted
violations 1, 2, 3, and 5. [Docket No. 9.]
allegations to which Defendant admitted, as fully set forth
in the petition, are:
Nature of Noncompliance
“The defendant shall not leave
the judicial district or other specified
geographic area without the permission of the
court or probation officer.”
On May 19, 2015, Mr. Jett was cited for a
driving infraction in Fort Wayne, Indiana. This
documented the offender had left the district
“The defendant shall work
regularly at a lawful occupation, unless
excused by the probation officer for schooling,
training, or other acceptable
The defendant communicated to the probation
officer as recently as December 18, 2015, that
he was employed at Exel but was preparing to
give his resignation notice to the employer.
The employer reported Mr. Jett was terminated
on November 14, 2015.
“The defendant shall notify the
probation officer at least ten (10) days prior
to any change in residence or
In addition to failing to report the
aforementioned change in employment, on
December 14, 2015, the probation officer
discovered Mr. Jett had moved to a different
residence. On that date, the probation officer
made contact with the offender at the
“The defendant shall unlawfully
possess a controlled substance. The
defendant shall refrain from any
unlawful use of a controlled
On May 15, June 18 and June 19, 2015, Mr. Jett
tested positive for marijuana. Eight subsequent
urinalysis tested negative for illegal
substances; however, on November 23, and
December 14, 2015, the offender again tested
positive for marijuana. On November 30, 2015,
Mr. Jett was confronted and denied marijuana
use, yet Alere Laboratory confirmed the
positive marijuana test.
Government orally moved to dismiss violation 4 and the Court
granted the same.
parties stipulated that:
(a) The highest grade of violation is a Grade C violation.
(b) Defendant's criminal history category is IV.
(c) The range of imprisonment applicable upon revocation of
supervised release, therefore, is 6 to 12 months'
parties jointly recommended a sentence of 9 months with no
supervised release to follow.
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 9 months with no
supervised release to follow. The Defendant is ...