United States District Court, S.D. Indiana, Indianapolis Division
REPORT AND RECOMMENDATION
J. DINSMORE UNITED STATES MAGISTRATE JUDGE
February 21, 2019, the Court held a hearing on the Petition
for Warrant or Summons for Offender Under Supervision filed
on February 12, 2019. Defendant Bolyard appeared in person
with his appointed counsel Loren Collins. The government
appeared by Lindsay Karwoski, Assistant United States
Attorney. U.S. Parole and Probation appeared by Officer Troy
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 Bolyard of his rights and
ensured he had a copy of the Petition. Defendant Bolyard
orally waived his right to a preliminary hearing.
2. After being placed under oath, Defendant Bolyard admitted
violation no. 1 as set forth in the Petition. [Docket No.
3. The allegations to which Defendant admitted, as fully set
forth in the Petition, are:
Violation Number Nature of
1 “The defendant shall refrain from any
unlawful use of a controlled
substance.” On January 11, 2019, the
offender submitted a urine specimen which tested positive for
cocaine. He denied using the substance and the sample was
forwarded to Alere Laboratory, where it confirmed positive
As previously reported to the Court, on August 20, and 22,
2018, the offender submitted urine specimens which tested
positive for cocaine. He denied using cocaine on the dates
indicated, and on August 31, 2018, both urine samples were
confirmed positive for cocaine by Alere Laboratory. On
September 23, and October 30, 2018, Mr. Bolyard submitted
urine samples which tested positive for cocaine. He admitted
using cocaine on both occasions.
Court finds that:
(a) The highest grade of violation is a Grade B violation.
(b) Defendant's criminal history category is V.
(c) The range of imprisonment applicable upon revocation of
supervised release, therefore, is 18 to 24 months'
government argued for a sentence within the guideline range
with lifetime supervision to follow. The defendant argued for
a sentence at the low end of the guideline range with no
supervised release to follow. The defendant requested
placement at USP Marion, Illinois.
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, and recommends that Defendant's supervised
release be revoked, and that Defendant be sentenced to the
custody of the Attorney General or his designee for a period
of eighteen (18) months with lifetime supervision to follow.
In addition to the mandatory conditions of supervision, the
following conditions of supervised release will be imposed:
1. You shall report to the probation office in the judicial
district to which you are released within 72 hours of release
from the custody of the Bureau of ...