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United States v. Hudson

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

June 26, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
IRVIN SAMUEL HUDSON, Defendant.

          REPORT AND RECOMMENDATION

          Tim A. Baker United States Magistrate Judge.

         On June 21, 2018, the Court held a hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on March 20, 2018. Defendant Hudson appeared in person with his appointed counsel William Dazey. The government appeared by Michelle Brady, Assistant United States Attorney. U.S. Parole and Probation appeared by Officer Mark McCleese.

         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 Hudson of his rights and provided him with a copy of the petitions. Defendant Hudson waived his right to a preliminary hearing in open court.

         2. After being placed under oath, Defendant Hudson admitted violations 1, and 2. [Docket No. 13.]

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

Violation Number

Nature of Noncompliance

1

The defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other acceptable reasons.”

Mr. Hudson was unemployed from September 28, 2017, to December 28, 2017. After obtaining a temporary work assignment, he has been unemployed since January 19, 2018.

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.”

Mr. Hudson tested positive for opiates on November 9, November 14, and December 1, 2017. Additionally, he tested positive on January 25, and February 9, 2018, and admitted to consuming heroin.

         4. The government moved to dismiss violations 3, and 4 and the same granted.

         4. The parties stipulated that:

         (a) The highest grade of violation is a Grade B violation.

         (b) Defendant's criminal history category is III.

         (c) The range of imprisonment applicable upon revocation of supervised release, therefore, is 8 to 14 months' imprisonment.

         5. The parties jointly recommended a sentence of three (3) months with twenty-four (24) months of supervised release to follow.

         The Magistrate Judge, having considered the factors in 18 U.S.C. § 3553(a), and as more fully set forth on the record, finds that the Defendant violated the conditions in the petition, that his supervised release should be revoked, and that he should be sentenced to the custody of the Attorney General or his designee for a period of three (3) months with twenty-four (24) months of supervised release to follow. In ...


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