United States District Court, S.D. Indiana, Evansville Division
REPORT AND RECOMMENDATION
MATTHEW P. BROOKMAN UNITED STATES MAGISTRATE JUDGE
8, 2018, the Court held an Initial Appearance on a Warrant
for Violation of Supervised Release. On July 13, 2018 the
Court held the Final Hearing on Revocation of Supervised
Release. Defendant Keller appeared in person with her Counsel
Mark Foster. The government appeared by Kyle Sawa, Assistant
United States Attorney. The United States Probation and
Parole Office appeared by Officer Jessica Campbell.
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 Keller of her rights and provided her
with a copy of the petition. Defendant Keller waived her
right to a preliminary hearing.
After being placed under oath, Defendant Keller admitted
violations 1, 2, and 3 (Dkt. No. 9).
allegations to which Defendant admitted, as fully set forth
in the petition, are:
Nature of Noncompliance
"The defendant shall not Commit another federal,
state, or local crime."
On May 6, 2018, Jennifer Keller was arrested on two
counts of Dealing in Methamphetamine (Level 4
Felony); charges have been filed under the name
Jennifer A. Kostas in Pike Circuit Court Cause No.:
"The defendant shall refrain from any unlawful
use of a controlled substance."
On December 11, 12, and 26, 2017, and January 4,
2018, Ms. Keller submitted urinalyses that tested
positive for amphetamine and were later confirmed to
"The defendant shall participate in treatment
for narcotic addiction, drug 3 dependence, or alcohol
dependence, which includes urinalysis and/or other
drug detection measures and which may require
residence and/or participation in a residential
treatment facility, or residential reentry center
(halfway house). The number of drug tests shall not
exceed 52 tests in a one-year period. Any
participation will require complete abstinence from
all alcoholic beverages and any other substances for
the purpose of intoxication. The defendant shall pay
for the costs associated with services rendered,
based on a Court approved sliding fee scale and the
defendant's ability to pay. The defendant's
financial obligation shall never exceed the total
cost of services rendered. The Court directs the
probation officer to approve the treatment provider
and, in consultation with a licensed practitioner,
the frequency and duration of counseling sessions,
and the duration of treatment, as well as monitor the
defendant's participation, and assist in the
collection of the defendant's copayment."
Jennifer Keller failed to report to the following
drug screens: December 15, 20, 22, 28, 2017; January
19, February 26, 27, March 19, March 29, April 10,
and May 1, 2018
. 4. The parties stipulated that:
(a) The highest grade of violation is a Grade A violation.
(b) Defendant's criminal history category is V.
(c) The advisory range of imprisonment applicable upon
revocation of supervised release, therefore, is 30-36
parties jointly recommended a sentence of thirty (30) months
with no supervised release to follow. Defendant requested
placement at FCI Waseca, Minnesota.
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 her supervised release should be revoked, and
that she be sentenced to the custody of the Attorney General
or his designee for a period of thirty (30) months with no
supervised release to follow. The Court would have no
objection to any subsequent state court sentence arising from
the same conduct to be run concurrent to the sentence imposed
by this Court. The Court will also make a recommendation of
placement at FCI Waseca, Mnnesota.
parties are hereby notified that the District Judge may
reconsider any matter assigned to a Magistrate Judge. The
parties have fourteen days after being served a copy of this
Report and Recommendation ...