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United States v. Mendel

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

February 20, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
ALEXANDER MENDEL, Defendant.

          REPORT AND RECOMMENDATION

          TIM A. BAKER UNITED STATES MAGISTRATE JUDGE.

         On February 14, 2018, the Court held a hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on August 15, 2017 and a supplemental petition filed on January 30, 2018. Defendant Mendel appeared in person with his appointed counsel Joseph Cleary. The government appeared by MaryAnn Mindrum, Assistant United States Attorney. U.S. Parole and Probation appeared by Officer Tasha Taylor.

         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 Mendel of his rights and provided him with a copy of the petitions. Defendant Mendel orally waived his right to a preliminary hearing.
2. After being placed under oath, Defendant Mendel admitted violations 1, 2, 3, 4, and 7. [Docket No. 63.]
3. The allegations to which Defendant admitted, as fully set forth in the petition, are:

         Violation Number Nature of Noncompliance

         1 “The defendant shall not commit another federal, state, or local crime.”

As previously reported to the Court, Mr. Mendel was arrested by officers from the Indianapolis Metropolitan Police Department (IMPD) on January 10, 2017, and was charged under cause number 49G08-1701-CM-001338 in the Marion County, Indiana, Superior Court 8 with Count 1, Possession of Marijuana; and Count 2, Possession of Paraphernalia, both misdemeanor offenses. On February 28, 2017, he pled guilty to Count 1, and Count 2 was dismissed. He was sentenced to 180 days incarceration, with 176 days suspended, and 176 days probation.
According to the Probable Cause Affidavit, officers responded to a call regarding a male "passed out" in a vehicle. The offender was encountered, and a glass pipe and “suspected salvia or like substance” was located in his vehicle.

         2 “The defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or any paraphernalia related to any controlled substances, except as prescribed by a physician.”

As stated in the above-mentioned conduct, on January 17, 2017, the offender was found in possession of marijuana.

         3 “The defendant shall not commit another federal, state, or local crime.”

On August 10, 2017, Mr. Mendel was arrested by officers from IMPD and was charged with Count 1, Possession of Marijuana, felony; and Count 2, Possession of Paraphernalia, misdemeanor. On August 11, 2017, the charges were filed in the Marion County Superior Court 25, and are pending under cause number 49G25-1708-F6-029412.
On August 10, 2017, a search of Mr. Mendel's residence was conducted by officers from the United States Probation Office, along with IMPD officers. Located throughout the offender's bedroom were four clear plastic baggies of various weights of suspected marijuana. Additionally, three glass pipes and an electronic scale were recovered from the same area. The suspected marijuana weighed at approximately 45.50 grams.
4 “The defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or any paraphernalia related to any controlled substances, except as prescribed by a physician.”
As stated in the above-mentioned conduct, on August 10, 2017, the offender was found in possession of marijuana and paraphernalia.
7 “The defendant shall not possess/use a computer unless he agrees to comply with the Computer Restriction and Monitoring Program at the direction of the probation officer. Monitoring will occur on a random or regular basis. The defendant shall advise the probation office of all computers available to him for use. Any computer or Internet-enabled device the defendant is found to have used and has not disclosed shall be considered contraband and may be confiscated by the probation officer. ...

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