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United States v. Cart

United States District Court, S.D. Indiana, New Albany Division

August 1, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
DEAN O. CART, Defendant.

          REPORT AND RECOMMENDATION

          VAN WILLIS, UNITED STATES MAGISTRATE JUDGE.

         On July 30, 2018, the Court held a Final Revocation Hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on June 26, 2018 (Docket No. 58). Defendant Dean O. Cart appeared in person with his appointed counsel James A. Earhart. The government appeared by Todd Shellenbarger, Assistant United States Attorney. U.S. Probation appeared by Officer Jessica Campbell.

         The Court conducted the following procedures in accordance with Fed. R. Crim. P. 32.1(a)(1) and 18 U.S.C. § 3583:

1. At the Initial Hearing on July 5, 2018, the Court advised Mr. Cart of his rights and provided him with a copy of the petition.
2. At that time, Mr. Cart waived his right to a preliminary hearing.
3. At the Final Revocation Hearing on July 30, 2018, the Government presented the testimony of U.S. Probation Officer Jessica Campbell.
4. Government's Exhibit 1 (an admission form signed by Defendant and Officer Campbell) was admitted without objection.
5. After hearing the testimony of the witness and the arguments of counsel, the Court finds that Defendant did violate the terms of his supervised release.
6. The allegations to which the Court finds the Defendant has violated, as fully set forth in the petition, are:

Violation Number

Nature of Noncompliance

1

"You shall not have unsupervised meetings, activities, or visits, or intentional communications with any minor unless they have been disclosed to the probation officer and approved by the court. You shall not have supervised meetings, activities, visits, or intentional communications with any minor unless they have been approved by the probation officer. Before you may request approval for such meetings, activities, visits, or intentional communications (unsupervised or supervised), you must notify the person(s) having custody of any such minor(s) about the conviction in this case and the fact that you are under supervision."

Mr. Cart admitted to the probation officer to having numerous contacts with minors while riding on the city bus from approximately December 2017, until May 2018. These contacts include engaging in conversation, followed by acts of frottage, including touching the bare breast of an approximate 15-16 year old girl.

2

"You shall not possess any child pornography or visual depictions of child erotica or nude minors. Any such material found in your possession shall be considered contraband and will be confiscated by the probation officer."

Mr. Cart admitted to the probation officer to possessing an advertisement of a girl, approximately age 16, who was wearing a bra. The offender acknowledged the picture to be child erotica and admitted to using the picture for sexual gratification, including masturbation.

3

"You shall participate in a program of treatment for sexual disorders, including periodic polygraph examinations, as directed by the probation officer. The treatment provider should determine the type and timing of such polygraph examinations. The court authorizes the release of the presentence report and available psychological evaluations to the treatment provider, as approved by the probation officer."

On June 18, 2018, Mr. Cart was discharged from sexual disorder treatment due to multiple treatment violations.

         7. The Court further finds that:

(a) The highest grade of violation is a Grade C violation.
(b) Defendant's criminal history category is I.
(c) The guideline range of imprisonment applicable upon revocation of supervised release, therefore, is 3 to 9 ...

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