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United States v. Nolan

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

August 17, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
DOMONIQUA RANEE NOLAN, Defendant.

          REPORT AND RECOMMENDATION

          Tim A. Baker United States Magistrate Judge.

         On August 15, 2018, the Court held a hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on July 23, 2018. Defendant Nolan appeared in person with her appointed counsel Dominic Martin. The government appeared by Lindsay Karwoski, Assistant United States Attorney. U.S. Parole and Probation appeared by Officer Felecia White.

         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 Nolan of his rights and provided her with a copy of the petition. Defendant Nolan orally waived her right to a preliminary hearing.

         2. After being placed under oath, Defendant Nolan admitted violations 2, 3, 4, and 5. [Docket No. 9.]

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

Violation Number

Nature of Noncompliance

2

You must refrain from any unlawful use of a controlled substance.”

As previously reported to the court, the offender provided urine samples on April 27, 2018, and June 13, 2018, both which yielded positive for marijuana. The offender admitted she used marijuana.

3

You shall be monitored by location monitoring for a period of 90 days, to commence as soon as practical, and shall abide by all technology requirements. Offender may be restricted to her residence at all times except for employment, education, religious services, medical substance abuse or mental health treatment, attorney visits, court-ordered obligations, or other activities as pre-approved by the probation officer.

The offender has left her residence without approval and has been unauthorized areas on at least four separate occasions.

4

You shall abide by a curfew on a home detention program.”

The offender was arrested after her curfew hours on the date of April 22, 2918, in Boone County, Indiana.

5

You must not knowingly leave the federal judicial district where you are authorized to reside without first getting permission of the court or probation officer.

Between the dates of April 20, 2018, and April 22, 2018, the offender left the judicial district and the state, without prior approval from the probation officer.

         4. Government moved to dismiss violation 1 and the same granted.

         5. The parties stipulated that:

(a) The highest grade of violation is a Grade B violation.
(b) Defendant's criminal history category is I.
(c) The range of imprisonment applicable upon revocation of supervised release, therefore, is 4 to 10 months' imprisonment.

         6. The parties jointly recommended a modification to include residing at the Volunteers of America for up to ninety (90) days.

         The 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, ...


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