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United States v. Turnipseed

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

January 25, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
KENNETH TURNIPSEED, Defendant.

          REPORT AND RECOMMENDATION

          Denise K. LaRue United States Magistrate Judge

         On January 19, 2017, the Court held a hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on December 28, 2016. Defendant Turnipseed appeared in person with his appointed counsel William Dazey. The government appeared by Kristinia Korobov, 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 Turnipseed of his rights and provided him with a copy of the petition. Defendant Turnipseed waived his right to a preliminary hearing.

         2. After being placed under oath, Defendant Turnipseed admitted violations 1, 2, 3, and 4. [Docket No. 43.]

         3. 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.” On December 16, 2016 and January 9, 2017, Mr. Turnipseed provided a urine specimen which tested positive for amphetamine. He admitted use of methamphetamine.

         As previously reported to the Court, on November 16, 18, and 20, 2016, Mr. Turnipseed provided urine specimens which tested positive for amphetamine. He admitted using methamphetamine on or about those dates. On November 30, 2016, Mr. Turnipseed self-reported using methamphetamine on November 24, 2016. He subsequently signed an Admission Report of Positive Urinalysis form. In addition, on November 30, 2016, and December 5 and 11, 2016, Mr. Turnipseed provided urine specimens which tested positive for amphetamine. He admitted using methamphetamine on or about those dates.

         2 “The defendant shall participate in a substance abuse treatment program at the direction of the probation officer, which may include no more than eight drug tests per month. The defendant shall abstain from the use of all intoxicants, including alcohol, while participating in a substance abuse treatment program. The defendant is responsible for paying a portion of the fees of substance abuse testing and/or treatment in accordance with his ability to pay.”

         On December 5, 2016, the offender contacted the treatment agency stating he would not be attending the scheduled counseling session “due to work.” In addition, on December 10, 12, 19, 21, and 26, 2016, the offender failed to attend scheduled counseling sessions. Lastly, on October 24, 2016, a payment plan was established instructing the offender to remit monthly payments in the amount of $75 on November 15, 2016, and December 15, 2016, to be applied toward the $150 substance abuse treatment co-pay fee. One payment was remitted and the balance due is $75.

         3 “If this judgment imposes a fine or restitution, it is a condition of probation/supervised release that the defendant pay in accordance with the Schedule of Payments sheet of the Judgment and Commitment Order.”

         On October 24, 2016, a payment plan was established instructing the offender to remit monthly payments in the amount of $75 beginning December 1, 2016. To date, no payments have been remitted. The special assessment balance is $75 ($125 was paid while the offender was an inmate in the Bureau of Prisons) and the fine balance remains $1, 500.

         4 “You shall work regularly at a lawful occupation unless excused by theprobation officer for schooling, ...


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