United States District Court, S.D. Indiana, Indianapolis Division
REPORT AND RECOMMENDATION
J. DINSMORE UNITED STATES MAGISTRATE JUDGE.
April 19, 2018, the Court held a hearing on the Petition for
Warrant or Summons for Offender Under Supervision filed on
March 8, 2018 [Dkt. 24]. [Dkt. 33.] Defendant Williams
appeared in person and with his FCD counsel Michael Donahoe.
The government appeared by Kendra Klump, Assistant United
States Attorney. U.S. Parole and Probation appeared by
Officer Shelly McKee.
Court conducted the following procedures in accordance with
Fed. R. Crim. P. 32.1(a)(1) and 18 U.S.C. § 3583:
Court advised Defendant Williams of his rights and ensured he
had a copy of the Petition. Defendant Williams orally waived
his right to a preliminary hearing.
After being placed under oath, Defendant Williams admitted
violation nos. 1 and 2 as set forth in the Petition. [Dkt.
allegations to which Defendant Williams admitted, as fully
set forth in the Petition, are:
Nature of Noncompliance
“You shall not use or possess alcohol.”
On February 4, 11, 12, 14, 15, and 19, 2018, Mr.
Williams provided positive breath tests for alcohol
as reported by the Soberlink monitoring program.
Mr. Williams admitted consuming alcohol on or about
As previously reported to the Court, on January 26,
29, and February 4, 2018, Mr. Williams provided
positive breath tests for alcohol as reported by
the Soberlink monitoring program. Mr. Williams
admitted consuming alcohol on or about these dates
“You shall be monitored by mobile alcohol
monitoring, such as Soberlink, for a period of 180
days, to commence as soon as practical, and shall
abide by all the technology requirements.”
On February 24, 2018, at 10:43 p.m., and 10:51
p.m., February 25, 2018, at 11:04 a.m., and 10:54
p.m., February 26, 2018, at 7:14 a.m., 5:00 p.m.,
and 10:34 p.m., February 27, 2018, at 6:41 p.m.,
and February 28, 2018, at 5:23 p.m., someone other
than Mr. Williams blew into the Soberlink
monitoring device as evidence by a picture of the
Beginning February 6, through March 6, 2018, (29
days), Mr. Williams failed to provide the required
four daily breath tests as scheduled on each of
As previously reported to the Court beginning
January 22, 2018, through February 5, 2018, Mr.
Williams failed to comply with all testing
requirements of the Soberlink monitoring program.
With the exception of 5 days, Mr. Williams missed
at least one test per day, thus failing to provide
four daily breath tests as scheduled.
Court found that:
(a) The highest grade of violation is a Grade C violation.
(b) Defendant's criminal history category is V.
(c) The range of imprisonment applicable upon revocation of
supervised release, therefore, is 7 to 13 months'
parties jointly recommended a modification of Defendant
Williams's current conditions of supervised release to
include removal of the Soberlink monitoring requirement,
attending Alcoholics Anonymous meetings, and completion of 10
hours of community service per month for the next 6 months,
beginning in May, 2018.
Magistrate Judge, having considered the factors set forth in
18 U.S.C. § 3553(a), and as more fully set forth on the
record, finds that the Defendant violated the conditions set
forth in the Petition, and recommends that Defendant's
supervised release be modified as follows:
1. Condition 20--“You shall be monitored by a mobile
alcohol monitoring, such as Soberlink, for a period of 180
months, to commence as soon as practical, and shall abide by
all the technology requirements”--set forth in the
Report and Recommendation [Dkt. 16], Order Adopting Report
and Recommendation [Dkt. ...