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United States v. Christ

United States District Court, S.D. Indiana, Indianapolis and Terre Haute Divisions

July 31, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
MARK ERIC CHRIST, Defendant.

          REPORT AND RECOMMENDATION

          Doris L. Pryor United States Magistrate Judge

         On July 11, 2018, the Court held a hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on June 15, 2017. Defendant Christ appeared in person with his appointed counsel Dominic Martin. The government appeared by James Warden, Assistant United States Attorney. U.S. Parole and Probation appeared by Officer Chris Dougherty.

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

         2. After being placed under oath, Defendant Christ admitted violations 1, 2, and 3. [Docket No. 8.]

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

         Violation Number Nature of Noncompliance

         1 “The defendant shall not unlawfully possess a controlled substance. The defendant shall refrain from any unlawful use of a controlled substance.” The offender submitted positive urine drug screens for cocaine on August 22, 2016, and May 24, 2017.

         On March 4, 2017, the offender admitted he smoked Spice on March 2, 2017, the day he was arrested for Operating While Intoxicated and Possession of a Synthetic Drug.

         2 “The defendant shall not commit another federal, state, or local crime.”

         Mark Christ was arrested on March 2, 2017, by an officer with the Indianapolis Police Department, and charged with Operating a Vehicle While Intoxicated Endangering a Person, A-misdemeanor, and Possession of a Synthetic Drug or Synthetic Lookalike Substance, A misdemeanor. The offender was released on his own recognizance the next day. This case was filed in Marion County Superior Court under cause number 49G081703MC008325, and is pending with a Pretrial Conference Scheduled for July 6, 2017. The probable cause affidavit indicates police responded to a call of a possible intoxicated driver outside the offender's place of employment. When police approached the vehicle, they observed it had a tire up on the curb and was in gear. The officer further observed the driver, Mark Christ, with glassy eyes and slurred speech. Mr. Christ at first told the officer that he had smoked marijuana that day. The officer then located a baggie containing a "green leafy substance" which the offender stated was "spice," and admitted he had smoked the spice while driving around the block.

         3 “The defendant shall participate in a program of testing and treatment for drug and/or alcohol abuse, as directed by the probation officer, until such time as the defendant is released from the program by the probation office.”

         The offender submitted two dilute urine screens on October 17, 2015, and August 24, 2016. The offender failed to report ...


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