Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Dunlap

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

September 9, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
ARTHUR DUNLAP, Defendant.

          USA, Plaintiff, represented by Barry D. Glickman, UNITED STATES ATTORNEY'S OFFICE.

          REPORT AND RECOMMENDATION

          MARK J. DINSMORE, Magistrate Judge.

         On 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.

         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 Dunlap of his rights and ensured he had copies of the Petition and the Supplemental Petition. Defendant Dunlap waived his right to a preliminary hearing.

2. After being placed under oath, Defendant Dunlap admitted violations 1, 2, 3, 4, and 5. [Docket Nos. 42 and 51.]

         3. The allegations to which Defendant admitted, as fully set forth in the petition, are as follows:

         4. The 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' imprisonment.

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.

         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, 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 imposed:

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. ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.