United States District Court, S.D. Indiana, Indianapolis Division
REPORT AND RECOMMENDATION
J. Dinsmore United States Magistrate Judge Southern District
January 2, 2019, the Court held a hearing on the Petition for
Warrant or Summons for Offender Under Supervision filed on
October 11, 2018. Defendant appeared in person and by FCD
counsel Michael Donahoe. Government represented by AUSA
Lindsay Karwoski. USPO represented by Jason Nutter.
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 Montgomery of his rights and ensured
he had a copy of the Petition. Defendant Montgomery waived
his right to a preliminary hearing on December 26, 2018.
After being placed under oath, Defendant Montgomery admitted
violations 1, 2, 3, and 4 as set forth in the Petition. [Dkt.
allegations to which Defendant admitted, as fully set forth
in the petition, are:
Nature of Noncompliance
“You shall notify the probation
officer within 72 hours of being arrested, charged
or questioned by a law enforcement
On September 30, 2018, this officer was contacted
by an officer with Indianapolis Metropolitan Police
Department to report having had contact with the
offender. The officer advised he was dispatched to
a hotel on a report of the offender being too
aggressive with his son. The officer responded to
the hotel, spoke with the offender and left the
location without incident. The officer advised that
during his contact with the offender, he told him
he was visiting someone at the hotel that evening,
and he and his son were just playing. A short time
later, a second call for police assistance was
requested at the same hotel for the same reason.
Upon officers return to the hotel, they reviewed
the video at the hotel, which showed the offender
and a female getting into a physical altercation.
During that altercation, the offender put his minor
child in what appeared to be a choke hold. The
officer did not have contact with the offender
during the second run to the hotel, but filed a
report of alleged strangulation charges and
forwarded the report to the child abuse division
for further investigation. The status of this
matter is presently unknown. This officer to date
has not received a call or notification from the
offender about his police contact on September 30,
"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. When prior notification is not possible,
you shall notify the probation officer within 72
hours of the change."
On October 2, 2018, this officer attempted to make
contact with the offender by four different phone
numbers on file. The offender's phone and the
residence phone were shut off. A message was left
on his girlfriend's phone requesting he contact
his officer. When no return call was received from
the offender, this officer conducted a home visit
at his residence on October 3, 2018, and found the
residence to be vacant. This officer made contact
with a neighbor who advised the family in the
offender's house had moved out at least one
week earlier. The offender has no[t] made contact
with this officer to report a change of address.
This officer went to the residence on that date to
address the police contact on September 30, 2018.
The offender's whereabouts are presently
"You shall refrain from any unlawful
use of a controlled substance."
Following the imposition of sentence to time
served, the offender reported to the office to meet
with a probation officer and a urine specimen was
collected that yielded positive for cannabinoids.
On August 23, 2018, when confronted about the
positive test he admitted smoking marijuana in July
2018, while on pretrial services supervision. A
specimen submitted on August 30, 2018, returned
positive for cannabinoids. The offender admitted
using marijuana on or about August 10, 2018.
"You shall not attempt to obstruct or
tamper with the testing
On August 30, 2018, during an appointment with this
officer, Mr. Montgomery admitted drinking excessive
amounts of water in an attempt to clear his system
of marijuana. He admitted he last smoked marijuana
on August 10, 2018, and was not honest with this
officer on August 23, 2018, when she confronted him
about the positive test result from the date of
sentencing. The collection submitted on August 30,
2018, was very clear in color; however, did not
return diluted but positive for marijuana.
Court finds that:
(a) The highest grade of violation is a Grade C violation.
(b) Defendant's criminal history category is I.
(c) The range of imprisonment applicable upon revocation of
supervised release, therefore, is 3 to 9 months'
parties jointly recommended a sentence of five (5) months
imprisonment, with twelve (12) months of supervised release
Magistrate Judge, having considered the factors in 18 U.S.C.
§ 3553(a), and as more fully set forth on the record,
recommends that the Court find that Defendant violated the
conditions set forth in the Petition, that his supervised
release be revoked, and that he be sentenced to the custody
of the Attorney General or his designee for a period of five
(5) months, with twelve (12) months of supervised release to
follow. Defendant shall continue to abide by the conditions
of supervised release set forth in the August 24, 2018
Judgment. [Dkt. 44 at 3-4.]
Montgomery is to remain in custody pending the District
Judge's action ...