United States District Court, S.D. Indiana, Indianapolis Division
REPORT AND RECOMMENDATION
L. Pryor United States Magistrate Judge Southern District of
October 16, and November 1, 2018, the Court held hearings on
the Petition for Warrant or Summons for Offender Under
Supervision filed on December 3, 2014. Defendant appeared in
person with his retained counsel Jack Crawford. The
government appeared by Lawrence Hilton, 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:
1. The Court advised Defendant Dunson of his rights and
provided him with a copy of the petition. Defendant Dunson
orally waived his right to a preliminary hearing.
2. After being placed under oath, Defendant Dunson admitted
violations 1, and 2. [Docket No. 2.]
3. The allegations to which Defendant admitted, as fully set
forth in the petition, are:
Nature of Noncompliance
“The defendant shall not commit
another federal, state, or local
“The defendant shall not possess a
firearm, ammunition, destructive device, or any
other dangerous weapon.”
On November 30, 2014, Indianapolis Metropolitan
Police officers responded to a call of a large
fight involving up to seven people, some of whom
possessed firearms. Officers were advised one of
the suspects was a black male, wearing all black,
riding a motorcycle and may be possessing a
firearm. Charles T. Dunson was stopped in the area
while riding a motorcycle with expired plates. The
offender denied being involved in the altercation.
The officer asked the offender if he had any
firearms on his person and the offender denied
possessing a firearm. The officer did a pat down
and located a Ruger P-95 9mm in the offender's
waistband with the barrel pointing down towards his
groin. The firearm was loaded with eleven rounds in
the magazine. The officer also discovered the
firearm was reported stolen on December 24, 2012.
The offender had $2, 547 in cash on his person. The
offender was driving without a valid license. He
was arrested and taken into custody.
The offender is currently being held on a 72-hour
hold in the Marion County Jail, case number
49G201412MC053272. The charging Information will be
filed on December 5, 2014. According to the Marion
County Deputy Prosecutor in charge of screening,
the offender will likely be charged with Carrying a
Handgun Without a License, a felony.
The parties stipulated that:
(a) The highest grade of violation is a Grade A
(b) Defendant's criminal history category is
(c) The range of imprisonment applicable upon
revocation of supervised release, therefore, is 24
Government recommended a sentence of twenty-one (21) months
with no supervised release to follow. Defendant recommended a
sentence of twelve (12) months with no supervised release to
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, that his supervised release should be revoked, and
that he should be sentenced to the custody of the Attorney
General or his designee for a period of eighteen (18) with no
supervised release to follow. The Defendant is to be taken
into custody immediately pending the District Judge's
action on this Report and Recommendation.
parties are hereby notified that the District Judge may
reconsider any matter assigned to a Magistrate Judge. The
parties have fourteen days after being served a copy of this
Report and Recommendation ...