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United States v. Tapia-Roman

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

February 14, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
JOSUE TAPIA-ROMAN, Defendant.

          REPORT AND RECOMMENDATION

          Doris L. Pryor" United States Magistrate Judge

         On February 7, 2019, the Court held a hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on January 23, 2019. Defendant Tapia-Roman appeared in person with his appointed counsel William Dazey. The government appeared by Kathryn Olivier, Assistant United States Attorney. U.S. Parole and Probation appeared by Officer Angela Smith.

         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 Tapia-Roman of his rights and provided him with a copy of the petition. Defendant Tapia-Roman orally waived his right to a preliminary hearing.

         2. After being placed under oath, Defendant Tapia-Roman admitted violations 1, 2, 3, 4, 5, and 6. [Docket No. 477.]

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

Violation
Number Nature of Noncompliance
1 “The defendant shall not commit another federal, state or local crime.”
On January 2, 2019, charges were filed (49G13-1901-CM-000137) against the offender stemming from a law enforcement encounter on May 12, 2018, for Driving While Suspended and Knowingly and Intentionally Operating a Vehicle Having Never Received a License. He is scheduled to appear for an initial hearing on March 28, 2019.
Mr. Tapia-Roman was also arrested on June 3, 2018, for Possession of Marijuana and Paraphernalia. Charges were ultimately not filed on this case. This officer addressed this arrest and illegal conduct by modifying his conditions to add Moral Reconation Therapy (MRT), which was approved on June 25, 2018.
2 “The defendant shall not use or possess controlled substances or paraphernalia.”
Mr. Tapia-Roman was arrested by Indianapolis Metropolitan Police Department on June 3, 2018, for Possession of Marijuana and Paraphernalia. This case was not filed, but on July 25, 2018, he submitted a urine specimen that yielded positive for cannabinoids. He admitted smoking marijuana two or three days prior. He admitted using "clean urine" to elude his drug testing requirements. He advised he likes to smoke and does not see a problem with marijuana use.
3 “The defendant shall participate in a substance abuse treatment program at the direction of the ...

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