United States District Court, S.D. Indiana, Indianapolis Division
REPORT AND RECOMMENDATION
BAKER UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF
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.
Court conducted the following procedures in accordance with
Fed. R. Crim. P. 32.1(a)(1) and 18 U.S.C. § 3583:
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.
After being placed under oath, Defendant Settles admitted
violations 1, and 2. [Docket No. 38.]
allegations to which Defendant admitted, as fully set forth
in the petition, are:
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.
government moved to dismiss violation ...