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United States v. Turner

United States District Court, S.D. Indiana, New Albany Division

August 26, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
CHARLES D. TURNER, Defendant.

          REPORT AND RECOMMENDATION

          VAN WILLIS UNITED STATES MAGISTRATE JUDGE

         On August 23, 2016, the Court held a hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on April 6, 2016 (Docket No. 116) and the Supplemental Petition for Warrant or Summons for Offender Under Supervision filed on April 8, 2016 (Docket No. 119). Defendant, Charles D. Turner, appeared in person with his appointed counsel, Jennifer H. Culotta. The government appeared by Matthew Rinka, Assistant United States Attorney. U.S. Probation appeared by Officer Katrina Sanders, via telephone.

         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 Mr. Turner of his rights and provided him with a copy of the petitions. Defendant submitted a Financial Affidavit which was approved by the Court. Jennifer H. Culotta was appointed to represent the defendant in this matter.
2. Mr. Turner waived his right to a preliminary hearing.
3. The parties advised the Court they had reached an agreement to resolve the allegations in the Petition.
4. After being placed under oath, Mr. Turner admitted Violation Nos. 1-3 (Docket No. 116) and Violation No. 4 (Docket No. 119).
5. The allegations to which Defendant admitted, as fully set forth in the petitions, are:
Violation Number Nature of Noncompliance .
1 The defendant must report to the probation office in the district to which the defendant is released within 72 hours of release from the custody of the Bureau of Prisons.
Although the offender was released from BOP on February 1, 2016, he had a Clark County, Indiana, detainer. Clark County released him on February 22, 2016. The offender did not report to the U.S. Probation Office within 72 hours as required
2 The defendant shall not commit another federal, state, or local crime.
3 The defendant shall notify the probation officer within 72 hours of being arrested or having any official law enforcement contact.
On March 5, 2016, the Indiana State Police conducted a traffic stop on a vehicle operated by the offender. It was determined the vehicle was affixed with a stolen license plate. On March 14, 2016, the offender was charged with Theft (A- misdemeanor) in Clark County, Indiana, under docket number 10C03-1603-CM-666. To date, the ...

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