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United States v. Williams

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

December 29, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
KYLE L. WILLIAMS, Defendant.

          REPORT AND RECOMMENDATION

          Mark J. Dinsmore United States Magistrate Judge

         On December 14, 2017, the Court held a hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on December 1, 2017. Defendant Williams appeared in person with his appointed counsel Michael Donahoe. The government appeared by Kendra Klump, 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 Williams of his rights and ensured he had a copy of the Petition. Defendant Williams waived his right to a preliminary hearing.

         2. After being placed under oath, Defendant Williams admitted violations 1, 2, 3, and 4 as set forth in the Petition. [Docket No. 9.]

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

Violation Number Nature of Noncompliance
1 “You shall not use or possess alcohol.”
On November 27, 2017, this officer detected alcohol on his breath at a home visit. Mr. Williams submitted positive urinalysis tests that were positive for alcohol on October 25, 2017, and November 20, 2017. The offender submitted positive breath tests for alcohol on October 31, 2017, (.27 grams of alcohol), and November 8, 2017, (at a treatment center -specific results unknown). There are also multiple instances of alcohol detection prior to the addition of this condition on October 17, 2017.
2 “You shall not purchase, use, distribute or administer any controlled substances.”
On November 20, 2017, Mr. Williams submitted a urinalysis that yielded positive for cannabinoids. At a home visit on November 27, 2017, he admitted smoking marijuana.
3 “You shall participate in a mental health treatment program and abide by the rules and regulations of that program. You shall take all mental health medications that are prescribed by your treating physician.”
On November 20, 2017, during a home visit Mr. Williams was reminded of his obligation to attend a[n] appointment with a psychiatrist on November 27, 2017. This appointment was important because it was contingent upon him entering a substance abuse treatment program on November 28, 2017. On November 27, 2017, Mr. Williams failed to report to Midtown Mental Health for a scheduled appointment with the psychiatrist. He also missed a therapy appointment on November 9, 2017.
4 “The defendant shall participate, as directed and approved by the probation officer, in treatment for narcotic addition, drug dependence, or alcohol dependence which may require residence and/or participation in a residential ...

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