United States District Court, S.D. Indiana, Indianapolis Division
Plaintiff, represented by Barry D. Glickman, UNITED STATES
REPORT AND RECOMMENDATION
J. DINSMORE, Magistrate Judge.
September 6, 2016, the Court held a hearing on the Petition
for Warrant or Summons for Offender Under Supervision filed
on June 8, 2016 and the Supplemental Petition filed on August
3, 2016. Defendant Dunlap appeared in person with his
appointed counsel Joseph Cleary. The government appeared by
Barry Glickman, Assistant United States Attorney. U.S. Parole
and Probation appeared by Officer Jason Phillips.
Court conducted the following procedures in accordance with
Fed. R. Crim. P. 32.1(a)(1) and 18 U.S.C. Â§ 3583:
1. The Court advised Defendant Dunlap of his rights and
ensured he had copies of the Petition and the Supplemental
Petition. Defendant Dunlap waived his right to a preliminary
2. After being placed under oath, Defendant Dunlap admitted
violations 1, 2, 3, 4, and 5. [Docket Nos. 42 and 51.]
allegations to which Defendant admitted, as fully set forth
in the petition, are as follows:
parties stipulated that:
(a) The highest grade of violation is a Grade B violation.
(b) Defendant's criminal history category is VI.
(c) The range of imprisonment applicable upon revocation of
supervised release, therefore, is 21 to 27 months'
5. The government argued for revocation with a sentence of 36
months of incarceration (above the guideline range) with no
supervised release to follow. The defendant argued for
revocation with a sentence of 12 months and a day of
incarceration with supervised release to follow.
Magistrate Judge, having considered the factors in 18 U.S.C.
Â§ 3553(a), and as more fully set forth on the record, finds
that the Defendant violated the conditions in the petition,
and recommends that Defendant's supervised release be
REVOKED, and that he be sentenced to the custody of the
Attorney General or his designee for a period of 12 months,
with 3 years of supervised release to follow. The Magistrate
Judge further recommends that the Court recommend
Defendant's placement by the Bureau of Prisons in a drug
treatment program. Upon release, in addition to the mandatory
conditions of supervision, the following conditions will be
1. You shall report to the probation office in the district
to which you are released within 72 hours of release from the
custody of the Bureau of Prisons. ...