United States v. Bolyard

          REPORT AND RECOMMENDATION

          MARK J. DINSMORE UNITED STATES MAGISTRATE JUDGE

         On 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 Adamson.

         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 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. 75.]

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

Violation Number Nature of Noncompliance

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 for cocaine.

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.

         4. The 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' imprisonment.

         5. The 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.

         The 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 ...