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United States v. Smith

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

May 1, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
ADRIAN SMITH, Defendant.

          REPORT AND RECOMMENDATION

          Mark J. Dinsmore United States Magistrate Judge

         On April 25, 2017, the Court held a hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on March 30, 2017, and a Supplemental Petition filed on April 12, 2017. Defendant Smith appeared in person with his appointed counsel Michael Donahoe. The government appeared by Matt Lasher, Assistant United States Attorney. U.S. Parole and Probation appeared by Officer Jennifer Considine.

         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 Smith of his rights and ensured he had a copy of the Petition and the Supplemental Petition. Defendant Smith orally waived his right to a preliminary hearing.
2. After being placed under oath, Defendant Smith admitted violation 2 as set forth in the Supplemental Petition. [Docket No. 367.]
3. The allegations to which Defendant admitted, as fully set forth in the Supplemental Petition, are:

         Violation Number Nature of Noncompliance

2 “The defendant shall abstain from the use of all intoxicants, including alcohol, while on supervision.”
According to Vigo County Sheriff's Office report, on April 2, 2017, deputies were dispatched to Mr. Smith's residence due to a report made by his significant other stating he was going to harm himself. Upon making contact with Mr. Smith, officers detected an odor of alcoholic beverages omitting [sic] from him. Due [to] the threat of suicide, Mr. Smith was transported by deputies to Union Hospital in Terre Haute for observation. While Mr. Smith was being transported to the hospital, he admitted to Vigo County Sheriff's Deputy Ryan Hartleroad that he drank 2 shots of liquor and 4 beers and consumed a handful of Seroquel. Mr. Smith does have a valid prescription for Seroquel.
4. Government orally moved to dismiss violation 1 because the Defendant Smith's paid in full the amount owed for court fines, and violation 1 was dismissed.
5. The Court finds that:
(a) The highest grade of violation is a Grade C violation.
(b) Defendant's criminal history category is I.
(c) The range of imprisonment applicable upon revocation of supervised release, therefore, is 3 to 9 ...

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