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United States v. Settles

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

September 24, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
ERIC SETTLES, Defendant.

          REPORT AND RECOMMENDATION

          TIM A. BAKER UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF INDIANA

         On September 18, 2018, the Court held a hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on May 23, 2018. Defendant Settles appeared in person with his appointed counsel Dominic Martin. The government appeared by Jeff Preston, 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 Settles of his rights and provided him with a copy of the petition. Defendant Settles orally waived his right to a preliminary hearing.

         2. After being placed under oath, Defendant Settles admitted violations 1, and 2. [Docket No. 38.]

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

         Violation

          NumberNature of Noncompliance

1 “You shall reside in a residential reentry center for a term of 270 days.” On May 16, 2018, staff at Volunteers of America attempted to collect a random urine drug screen from Eric Jones, however, he refused to submit a screen. Within two hours of his refusal, he absconded from VOA. The probation officer made many attempts to contact the offender through his cell phone and his family members, with no response from the offender to date. The offender's whereabouts are unknown.
In addition to absconding from VOA, the offender received six additional incident reports for various violations of facility rules: refusing a urine screen, smoking, possessing a smart phone and refusing to surrender this contraband, possession of cigarettes, and returning late from a pass. Additionally, the offender refused to pay subsistence to VOA on several occasions.
2 “You shall reside at a location approved by the probation officer and shall notify the probation officer at least 72 hours prior to any planned change in place or circumstances of residence or employment. When prior notification is not possible, you shall notify the probation officer within 72 hours of the change.”
On May 16, 2018, the offender absconded from his placement at Volunteers of America and failed to report a new residence to the probation office. On May 17, 2018, the offender failed to report to his employer, ALSCO, and was subsequently terminated on May 21, 2018.

         4. The government moved to dismiss violation ...


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