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United States v. Dunlap

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

July 19, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
ARTHUR DUNLAP, Defendant.

          REPORT AND RECOMMENDATION

          MARK J. DINSMORE JUDGE

         On July 17, 2018, the Court held a hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on June 22, 2018. Defendant Dunlap appeared in person with his appointed counsel Loren Collins. The government appeared by Barry Glickman, Assistant United States Attorney. U.S. Parole and Probation appeared by Officer Shelly McKee.

         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 Dunlap of his rights and ensured he had a copy of the Petition. Defendant Dunlap orally waived his right to a preliminary hearing.

         2. After being placed under oath, Defendant Dunlap admitted violation nos. 1, 2, 3, 4, 5, 6, and 7 as set forth in the Petition. [Docket No. 70.]

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

         Violation Number Nature of Noncompliance

         1 “You shall reside in a residential re-entry center for a term of up to 180 days. You shall abide by the rules and regulations of the facility.”

         As previously reported to the Court, Mr. Dunlap remitted only one subsistence payment despite being employed. On October 1, 2017, an incident report was prepared for violation of "unauthorized item" (pack of cigarettes.) On October 10, 2017, an incident report was prepared for violation of "smoking where prohibited." On December 21, 2017, two incident reports were prepared for violation of "intoxicants" and "refusing orders."

         2 “You shall make good faith effort to follow instructions of the probation officer necessary to ensure compliance with the conditions of supervision.”

         As previously reported to the Court, on October 25, December 19, 2017, and January 19, 2018, this officer spoke with Mr. Dunlap regarding his subsistence requirement and instructed him to remit payments as required. He failed to do so.

         3 “You shall not use or possess alcohol.”

         As previously reported to the Court, on December 7, and 23, 2017, Mr. Dunlap provided urine specimens which tested positive for alcohol. On December 21, 2017, Mr. Dunlap submitted to a breathalyzer test which yielded a positive result for alcohol. On April 10, 2018, Mr. Dunlap admitted consuming alcohol.

         4 “You shall notify the probation officer within 72 hours of being arrested, charged, or questioned by ...


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