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United States v. Crouch

United States District Court, S.D. Indiana, New Albany Division

June 15, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
COURTNEY CROUCH, Defendant.

          REPORT AND RECOMMENDATION

          VAN WILLIS UNITED STATES MAGISTRATE JUDGE

         On June 13, 2018, the Court held a hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on June 13, 2017 (Docket No. 76 in Cause No. 4:11-cr-20-TWP-VTW; Docket No. 85 in Cause No. 4:11-cr-21-TWP-VTW; Docket No. 45 in Cause No. 4:13-cr-19-TWP-VTW) and the Supplemental Petition for Warrant or Summons for Offender Under Supervision (Docket No. 83 in Cause No. 4:11-cr-20-TWP-VTW; Docket No. 92 in Cause No. 4:11-cr-21-TWP-VTW; Docket No. 52 in Cause No. 4:13-cr-19-TWP-VTW). Defendant Courtney Crouch appeared in person with his appointed counsel Jonathan S. Ricketts. The government appeared by William L. McCoskey, Assistant United States Attorney. U.S. Probation appeared by Officer Ross Carothers.

         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 Mr. Crouch of his rights and provided him with a copy of the petitions.
2. Mr. Crouch waived his right to a preliminary hearing.
3. The parties advised the Court they had reached an agreement to resolve the allegations in the Petitions.
4. After being placed under oath, Mr. Crouch admitted Violations 1 through 7 of the Petitions filed in Cause No. 4:11-cr-20-TWP-VTW (Docket No. 76 and 83).
5. 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."

         On May 31, 2017, the offender was charged in the Jennings County Circuit Court with Operating a Motor Vehicle After Forfeiture of License for Life, a Level 5 Felony (Count 1); Operating a Vehicle While Intoxicated, a Class C Misdemeanor (Count 2); Public Intoxication, a Class B Misdemeanor (Count 3); and Malicious Mischief, a Class B Misdemeanor (Count 4). According to the police report, police responded to the Circle K gas station in North Vernon, Indiana, on May 29, 2017, after receiving a call about an intoxicated male at the business. Police officers arrived and encountered Mr. Crouch in the bathroom; he had urinated in his pants. Because his eyes were red and bloodshot, he was asked to take Standardized Field Sobriety Tests, but refused. The offender stated he drank 4 or 5 beers about 30 minutes earlier. A Portable Breath Test was administered and tested positive for alcohol (.27 blood alcohol content). The pickup truck the offender was driving contained a case of beer, with an open can sitting in the middle of the bench seat, in the cab. There was also a case of beer and a snapping turtle, in violation of Indiana Law, in the bed of the truck. Court proceedings are pending.

         2 "The defendant shall refrain from excessive use of alcohol."

         On May 29, 2017, stated he drank 4 or 5 beers. A Portable Breath Test was administered and tested positive for alcohol (.27 blood alcohol content).

         ViolationNumber Nature of ...


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