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United States v. Williams

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

October 11, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
KYLE L. WILLIAMS, Defendant.

          REPORT AND RECOMMENDATION

          DORIS L. PRYOR UNITED STATES MAGISTRATE JUDGE

         On October 11, 2018, the Court held a hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on September 19, 2018. Defendant Williams 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 Troy Adamson.

         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 Williams of his rights and provided him with a copy of the petition.

         2. After being placed under oath, Defendant Williams admitted violation nos. 3, 4, 5, and 6. [Docket No. 40.]

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

Violation Number Nature of Noncompliance
3 “You shall not use or possess alcohol.”
As previously reported to the Court, on January 26, 29, and February 4, 11, 12, 14, 15, and 19, 2018, Mr. Williams provided positive breath tests for alcohol as reported by the Soberlink monitoring program. Mr. Williams admitted consuming alcohol on or about those dates.
4 “You shall be monitored by mobile alcohol monitoring, such as Soberlink, for a period of 180 days, to commence as soon as practical, and shall abide by all the technology requirements.”
As previously reported to the Court beginning January 22, 2018, through February 5, 2018, Mr. Williams failed to comply with all testing requirements of the Soberlink monitoring program. With the exception of 5 days, Mr. Williams missed at least one test per day, thus failing to provide four daily breath tests as scheduled.
On February 24, 2018, at 10:43 p.m., and 10:51 p.m., February 25, 2018, at 11:04 a.m., and 10:54 p.m., February 26, 2018, at 7:14 a.m., 5:00 p.m., and 10:34 p.m., February 27, 2018, at 6:41 p.m., and February 28, 2018, at 5:23 p.m., someone other than Mr. Williams blew into the Soberlink monitoring device as evidence by a picture of the individual.
Beginning February 6, through March 6, 2018, (29 days), Mr. Williams failed to provide the required four daily breath tests as scheduled on each of those days.
5 “You shall complete 10 hours of community service month for six months, beginning May, 2018. The probation officer shall supervise the participation in the program by approving the program (agency, location, frequency of participation, etc.). You shall provide written ...

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