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United States v. Robertson

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

September 23, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
JAH-ELI ROBERTSON (01), Defendant.

          ORDER ADOPTING AMENDED REPORT AND RECOMMENDATION AND REPORT AND RECOMMENDATION

          Hon. Jane Magnus-Stinson, Judge

         Having reviewed Magistrate Judge Debra McVicker Lynch's recommendation that the Court modify defendant Jah-Eli Robertson's supervised release pursuant to Rule 32.1(a)(1), Federal Rules of Criminal Procedure; and 18 U.S.C. § 3583(e), and acknowledging that the parties waived the fourteen-day objection period, the Court APPROVES and ADOPTS Magistrate Judge Lynch's Report and Recommendations [dkt. 18].

         Violation Number Nature of Noncompliance

         1 “The defendant shall refrain from unlawful use of a controlled substance.”

         On April 14, 2016, the offender tested positive for amphetamine. He denied using the substance when confronted with the positive test. The sample was confirmed by Alere Laboratory as positive for methamphetamine. On July 1, and 13, 2016, the offender tested positive for marijuana. He admitted using marijuana prior to submitting his urine sample. On August 3, 2016, the offender tested positive for amphetamine. He denied using the substance when confronted with the positive test. The sample was confirmed by Alere Laboratory as positive for methamphetamine.

         Therefore, the Court modifies the conditions of Mr. Robertson's supervised release to include:

• 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.
• You shall report to the probation officer in a manner and frequency directed by the court or probation officer.
• You shall permit a probation officer to visit you at a reasonable time at home, or another place where the officer may legitimately enter by right of consent, and shall permit confiscation of any contraband observed in plain view of the probation officer.
• You shall not knowingly leave the judicial district without the permission of the court or probation officer.
• You shall answer truthfully the inquiries by the probation officer, subject to your 5th Amendment privilege.
• You shall not meet, communicate, or otherwise interact with a person you know to be engaged, or planning to be engaged, in criminal activity. You shall report any contact with persons you know to be convicted felons to your probation officer within 72 hours of the contact.
• You shall reside at a location approved by the probation officer and shall notify the probation officer at least 72 hours prior to any planned change in place or circumstances of residence or employment (including, but not limited to, changes in residence occupants, job positions, job responsibilities). When prior notification is not possible, you shall notify the probation officer within 72 hours of the change.
• You shall not own, possess, or have access to a firearm, ammunition, destructive ...

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