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United States v. Turnipseed

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

October 18, 2017

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

          REPORT AND RECOMMENDATION

          David E. Jones, Magistrate Judge.

         On October 17, 2017, the Court held a hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on February 7, 2017 and a supplement petition filed on February 15, 2017. Defendant Turnipseed appeared in person with his appointed counsel Michael Donahoe. The government appeared by Jeff Preston, Assistant United States Attorney. U.S. Parole and Probation appeared by Officer Shelly McKee.

         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 orally waived his right to a preliminary hearing.
2. After being placed under oath, Defendant Turnipseed admitted violations 1, 2, 3, 4, and 5. [Docket Nos. 54 and 58.]
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.”
As previously reported to the Court, on November 16, 18, 20, December 16, 2016, and January 9, 2017, 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 January 2, 7, 9, 11, 16, 18, 21, 23, 25, 28, 30, February 1, and 4, 2017, Mr. Turnipseed failed to attend scheduled intensive outpatient counseling sessions at Indianapolis Counseling Center. On January 11, 2017, Mr. Turnipseed failed to attend his scheduled individual substance abuse treatment session at Volunteers of America and failed to contact the counselor in order to re-schedule his appointment. On January 4, 5, 7, 8, 24, 27, 28, 29, 30, and 31, 2017, Mr. Turnipseed failed to report for scheduled drug screens.
As previously reported to the Court, on December 5, 10, 12, 19, 21, and 26, 2016, the offender failed to attend scheduled counseling sessions. On October 24, 2016, a payment plan was established instructing the offender to remit monthly payments in the amount of $50 on November 15, December 15, 2016, and January 15, 2017, to be applied toward the $150 substance abuse treatment co-pay fee. One payment in the amount of $30 was remitted and the balance due is $120.
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.”
As previously reported to 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 remains $75 ($125 was paid while the offender was an ...

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