United States District Court, S.D. Indiana, Indianapolis Division
REPORT AND RECOMMENDATION
Baker United States Magistrate Judge.
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.
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 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.
After being placed under oath, Defendant Hudson admitted
violations 1, and 2. [Docket No. 13.]
allegations to which Defendant admitted, as fully set forth
in the petition, are:
Nature of Noncompliance
“The defendant shall work regularly
at a lawful occupation unless excused by the
probation officer for schooling, training, or other
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.
“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.
government moved to dismiss violations 3, and 4 and the same
parties stipulated that:
highest grade of violation is a Grade B violation.
Defendant's criminal history category is III.
range of imprisonment applicable upon revocation of
supervised release, therefore, is 8 to 14 months'
parties jointly recommended a sentence of three (3) months
with twenty-four (24) months of supervised release to follow.
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