Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Mendel

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

July 6, 2018

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

          REPORT AND RECOMMENDATION

          TIM A. BAKER UNITED STATES MAGISTRATE JUDGE.

         On July 2, 2018, the Court held a hearing on the Supplemental Petitions for Warrant or Summons for Offender Under Supervision filed on May 4, and June 20, 2018 and a status conference regarding the previous sentence Defendant Mendel received on February 14, 2018. [Dkt. Nos. 87, 88 and 89.] 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 9, and 12. [Docket Nos. 90 and 102.]

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

Violation Number Nature of Noncompliance
9 “The defendant shall refrain from any unlawful use of a controlled substance.”
On April 11, 2018, Mr. Mendel submitted a urine sample which tested positive for opiates. He denied illicit substance use and the sample was sent for confirmation. On approximately April 17, 2018, the sample was confirmed positive for Hydrocodone, Hydromophone, and Oxycodone. Mr. Mendel subsequently submitted verification of prescribed medications. His medication for Hydrocodone was consistent with two of the three confirmed substances. However, none of the medications he was prescribed, including those administered by injection during a surgery on April 9, 2018, were consistent with the use of Oxycodone. A urine sample taken on April 18, 2018, was consistent with the offender's prescribed medications. Samples collected on April 26, April 30, and May 3, 2018, were negative.
12 “You shall not use or possess alcohol.”
The offender reported to the probation office on June 13, 2018. His eyes appeared red, glassy, and blood shot. Also, an odor of alcohol was smelled on his person. He denied any use of alcohol and said he was suffering from allergies. A Breathalyzer test was administered and the results were positive for alcohol at .012. A urine sample was also collected, which tested positive for ethanol. On June 14, 2018, he was confronted by the probation officer and said he drank two beers on the evening of June 12, 2018, where he was attending a party.

         4. After a hearing, the Court found Defendant Mendel guilty of violations 10, and 11. [Docket No. 102.]

         5. The allegations to which Defendant was found guilty, as fully set forth in the petition, is:

10 “You shall submit to substance abuse testing to determine if you have used a prohibited substance or to determine compliance with substance abuse treatment. Testing may include no more than 8 drug tests per month. You shall not attempt to obstruct or tamper with the testing method.”
On May 23, 2018, a sweat patch was applied to Mr. Mendel's back as a means of testing for substance abuse. On June 4, 2018, he called the probation officer and reported the patch was missing from his back. On June 6, 2018, he reported to the probation office, and the area where the patch was previously applied was observed. His skin appeared red, bumpy, and irritated. He denied tampering with the patch. A picture of the offender's back was sent to PharmChem, Incorporated. It was indicated "missing cellulose padding is clear indication
11 “You shall permit a probation officer to visit you at a reasonable tie at home, or another place where the officer may legitimately enter by right or consent, and shall permit confiscation of any contraband observed in plain view of the probation officer.”
On June 8, 2018, Mr. Mendel was contacted by the probation officer via telephone. He was asked to meet the officer at his residence for a home inspection. He refused and replied, "I'm not going to accommodate you." He said he was at his sister's home watching a movie and gave ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.