United States District Court, S.D. Indiana, New Albany Division
REPORT AND RECOMMENDATION
WILLIS, UNITED STATES MAGISTRATE JUDGE.
August 3, 2018, the Court held a hearing on the Petition for
Warrant or Summons for Offender Under Supervision filed on
February 1, 2017 (Docket No. 10) and the Supplemental
Petition for Warrant or Summons for Offender Under
Supervision filed on May 9, 2017 (Docket No. 14). Defendant,
Matthew Bolin, appeared in person with his appointed counsel
Jonathan Hodge. The government appeared by Lauren Wheatley,
Assistant United States Attorney, via telephone. U.S.
Probation appeared by Officer Ross Carothers.
Court conducted the following procedures in accordance with
Fed. R. Crim. P. 32.1(a)(1) and 18 U.S.C. § 3583:
Court advised Mr. Bolin of his rights and provided him with a
copy of the petitions.
Bolin waived his right to a preliminary hearing.
parties advised the Court they had reached an agreement to
resolve the allegations in the Petitions.
After being placed under oath, Mr. Bolin admitted Violations
1 through 5 (Docket Nos. 10, 14.)
allegations to which Defendant admitted, as fully set forth
in the petitions, are:
Nature of Noncompliance
"The defendant shall refrain from
excessive use of alcohol and shall not purchase,
possess, use, distribute, or administer any
controlled substance or paraphernalia related to any
controlled substance, except as prescribed by a
On November 28 and 29; and December 7, 15, and 27,
2016, the offender tested positive for marijuana.
When questioned on December 16, 2016, he admitted
smoking marijuana on November 24, 2016.
"The defendant shall notify the
probation officer ten days prior to any change in
residence or employment."
On January 31, 2017, the probation officer met with
the offender's wife at the residence he reported
residing in an effort to meet with the offender. She
advised the offender has never resided with her. She
stated that since his release in October 2016, the
most he ever resided there was approximately
"one time per week." She was unaware as to
where he has been staying, as she has had no contact
with the offender in over two weeks. The
offender's whereabouts are currently unknown.
"The defendant shall report to the
probation officer in a manner and frequency directed
by the court or probation officer."
On January 9, 2017, the probation officer spoke with
the offender by phone and instructed him to report to
the drug treatment counselor for drug testing then
report to the probation office. The offender advised
he understood the instructions, but failed to report
to either location.
On January 10, 2017, the probation officer left the
offender a message to call immediately. To date, he
has not called.
On January 19, 2017, the probation officer left a
voice message, sent a text message, and sent an email
message instructing the offender to report on January
20, 2017. The offender failed to report.
"The defendant shall participate in a
program approved by the U.S. Probation Office for
treatment of narcotic addiction or drug or alcohol
dependency, which will include testing for the
detection of substance use or abuse. The defendant
shall contribute to the Probation Office's cost
of services rendered based upon his/her ability to
pay as reflected in his/her monthly cash flow as it
relates to the court-approved sliding fee
The offender failed to report for drug treatment on
November 28, 2016. He failed to report for drug
testing on January 4 and 9, 2017. In light of his
failures to report and communicate with the treatment
and testing provider, treatment services were
"The defendant shall not commit another
federal, state or local crime."
The offender was charged with Robbery in the First
Degree (felony), in Caldwell County, Kentucky, under
docket number 17-F-00075. Court documents allege the
offender entered the victim's home on April 6,
2017, pointed a handgun at the victim's head, and
threatened to kill him. The victim was tied up with
an extension cord and had a towel stuffed in his
mouth. The offender allegedly stole the victim's
vehicle and was later arrested.
parties stipulated that:
highest grade of violation is a Grade C violation.
Defendant's criminal history category is IV.
range of imprisonment applicable upon revocation of
supervised release, therefore, is 6 to 12 months'
parties jointly recommended Mr. Bolin be sentenced to 12
months and one day imprisonment, consecutive to an sentence
imposed in Kentucky, ...