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United States v. Piatt

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

September 21, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
SEAN F. PIATT (01), Defendant.

          ORDER ADOPTING REPORT AND RECOMMENDATION

          HON. JANE MAGNUS-STINSON, CHIEF JUDGE

         Having reviewed Magistrate Debra McVicker Lynch's Report and Recommendation dkt. [37] recommending that Sean F. Piatt's supervised release be revoked, pursuant to Title 18 U.S.C. §3401(i), Rule 32.1(a)(1) Federal Rules of Criminal Procedure and Title 18 U.S.C. §3583, and with no objections being filed, the Court APPROVES and ADOPTS Magistrate Judge Lynch's Report and Recommendation dkt. [37]. The Court finds that Mr. Piatt committed Violation Number 1, as alleged by the U.S. Probation Office in its Petitions for Warrant or Summons for Offender under Supervision dkt [33]. The Court now orders that the defendant's supervised release is therefore REVOKED, and Mr. Piatt is sentenced to the custody of the Attorney General or his designee for a period of five (5) months imprisonment and seven (7) years of supervised release to follow (conditions modified as below). The Court further recommends placement at a facility with mental health treatment.

         In addition to the mandatory conditions of supervision, the following conditions of supervised release be imposed:

         1. You shall report to the probation office in the judicial district to which you are released within 72 hours of release from the custody of the Bureau of Prisons. (supervised release cases only)

         2. You shall report to the probation officer in a manner and frequency directed by the court or probation officer.

         3. 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 or consent, and shall permit confiscation of any contraband observed in plain view of the probation officer.

         4. You shall not knowingly leave the judicial district without the permission of the court or probation officer.

         5. You shall answer truthfully the inquiries by the probation officer, subject to your 5th Amendment privilege.

         6. 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.

         7. 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 who lives there, job positions, job responsibilities). When prior notification is not possible, you shall notify the probation officer within 72 hours of the change.

         8. You shall not own, possess, or have access to a firearm, ammunition, destructive device or dangerous weapon.

         9. You shall notify the probation officer within 72 hours of being arrested, charged, or questioned by a law enforcement officer.

         10. You shall maintain lawful full time employment, unless excused by the probation officer for schooling, vocational training, or other reasons that prevent lawful employment.

         11. You shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency ...


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