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United States v. Murphy

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

January 14, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
JIOVANNI MURPHY, Defendant.

          REPORT AND RECOMMENDATION

          Tim A. Baker United States Magistrate Judge Southern District of Indiana

         On October 25, 2018 and January 10, 2019, the Court held hearings on the Petition for Warrant or Summons for Offender Under Supervision filed on October 2, 2018 ad a supplemental petition filed on October 23, 2018. Defendant Murphy appeared in person with his appointed counsel William Dazey. The government appeared by MaryAnn Mindrum, Assistant United States Attorney. U.S. Parole and Probation appeared by Officer Mark McCleese.

         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 Murphy of his rights and provided him with a copy of the petition. Defendant Murphy orally waived his right to a preliminary hearing.
2. After being placed under oath, Defendant Murphy admitted violations 1, 2, 3, and 4. [Docket Nos. 5, and 9 .]
3. The allegations to which Defendant admitted, as fully set forth in the petition, are:

         Violation Number Nature of Noncompliance

1 “You shall not commit another federal, state or local crime.”
On September 22, 2018, subsequent to a traffic stop, Mr. Murphy was charged with Carrying a Handgun Without a License and Possession of Marijuana. Officers located marijuana, a digital scale, a Glock .45 caliber handgun and two loaded magazine rounds containing .45 caliber ammunition. Additionally, the offender had $9, 253 in his pocket. This case remains pending in Marion County under case number 49G05-1809-F5-032481.
2 “You must not own, possess, or have under your control a firearm, ammunition, destructive device or dangerous weapon.”
As previously noted, a firearm with ammunition was recovered from Mr. Murphy's vehicle.
3 “You shall not commit another federal, state or local crime.”
On September 30, 2018, officers with the Indianapolis Metropolitan Police Department observed a large disturbance. The officers attempted to remove Jiovanni Murphy after he was observed in the altercation; however, the offender fled. He was later apprehended and charged with misdemeanor counts of Resisting Law Enforcement (two counts) and Disorderly Conduct. This case remains pending under Marion County case number 49G05-1810-CM-033405.
4 “You must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer excuses you from doing so. If you do not have full-time employment, you must try to find full-time employment, unless the probation officer excuses you from doing so. If you plan to change where you work or anything about your work (such as your position or your job responsibilities), you must tell the probation officer at least ten calendar days before the change. If telling the probation officer in ...

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