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United States v. Parsch

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

October 17, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
NICHOLAS J. PARSCH, Defendant.

          REPORT AND RECOMMENDATION

          VAN WILLIS United States Magistrate Judge

         On October 3, 2016, the Court held a hearing on the Petition for Summons for Offender Under Supervision filed on September 7, 2016 (Docket No. 86). Defendant Nicholas J. Parsch appeared in person with his appointed counsel Jennifer Culotta. The government appeared by Todd Shellenbarger, Assistant United States Attorney. U.S. Probation appeared by Officer Ross Carothers.

         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. Parsch of his rights and provided him with a copy of the petition. Defendant submitted a financial affidavit which was approved by the Court. Jennifer Culotta appointed to represent Mr. Parsch in this matter.

         2. Defendant waived his right to a preliminary hearing, and executed a written waiver of the same.

         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. Parsch admitted Violation Nos. 1-7, (Docket No. 86.)

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

Violation Number

Nature of Noncompliance

1

"The defendant shall refrain from any unlawful use of a controlled substance."

The offender submitted a urine sample on July 18, 2016, which tested positive for marijuana. On August 1, 2016, the offender admitted using marijuana prior to his last drug test. His drug treatment counselor was notified.

As previously reported to the Court, the offender submitted a urine sample on June 15, 2016, which tested positive for marijuana. While he denied illicit drug use at the time of collection, he called the probation officer later the same day to apologize for being untruthful and admitted using marijuana the preceding two weeks.

2

"The defendant shall not possess any pornography, erotica or nude images. Any such material found in the defendant's possession shall be considered contraband and may be confiscated by the probation officer."

On July 26, 2016, the offender submitted to a polygraph and admitted he had watched x-rated movies more than 10 times, which he purchased at an adult bookstore in Bloomington, IN.

3

"The defendant shall report to the probation officer in a manner and frequency directed by the court or probation officer."

The offender failed to submit monthly written reports, as directed, for the months of June, July, and August, 2016.

4

"The defendant shall notify the probation officer within 72 hours of being arrested or questioned by a law enforcement officer."

According to court records, the offender had contact with police on or about April 15, 2016, in Johnson County, Indiana, and was cited for a cracked front windshield. He had contact with police on or about July 12, 2016, in Monroe County, Indiana, and was cited for speeding. He also had contact with police on or about August 1, 2016, in Monroe County when he was cited for improperly passing and speeding. The offender failed to notify the probation officer within 72 hours of each incident as directed.

5

"The defendant shall participate in a program of treatment for sexual disorders, including periodic polygraph examinations, as directed by the probation officer."

On July 26, 2016, the offender submitted to a polygraph and admitted to viewing pornography, using illegal drugs, consuming alcohol, and accessing the Internet without permission. These are prohibited activities while in the sex offender treatment program.

6

"The defendant shall not commit another federal, state or local crime."

As previously reported to the Court, on March 3, 2016, the offender was charged with Failure to Register as a Sex or Violent Offender in Lawrence County, Indiana (47D01-1603-F6-000243). According to the Affidavit for Probable Cause, police determined on February 20, 2016, the offender failed to register a 1997 Jeep, which he purchased on February 3, 2016, within 72 hours. The offender was arrested on March 9, 2016, and bonded out the following day. The matter is pending.

7

"The defendant shall not commit another federal, state or local crime."

On March 7, 2016, the probation officer observed a facebook page under the name of Nick Parsch. On March 10, 2016, the offender admitted having a facebook page. He was instructed to have it removed, and he complied. Having a facebook page and failing to report it under his sex offender registration is a violation of Indiana State Law (I.C. 11-8-8-8).

         6. The parties stipulated that:

(a) The highest grade of violation is a Grade B violation.
(b) Defendant's criminal history category is I.
(c) The range of imprisonment applicable upon revocation of supervised release, therefore, is 4 to 10 months' imprisonment.

         7. The parties jointly recommended Mr. Parsch be sentenced to serve 5 months at a residential reentry facility. Thereafter, defendant shall be returned to supervised release, under the terms and conditions outlined in the R&R until September 18, 2019.

         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, that his supervised release should be MODIFIED, and that he should be sentenced to serve 5 months at a residential reentry facility, and thereafter shall return to supervised release, under the terms and conditions outlined the R&R until ...


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