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United States v. Reeder

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

February 25, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
MARC REEDER, Defendant.

          REPORT AND RECOMMENDATION

          Doris L. Pryor United States Magistrate Judge

         On January 10, and February 12, 2019, the Court held hearings on the Petition for Warrant or Summons for Offender Under Supervision filed on October 2, 2018, and the supplemental petition filed on January 23, 2019. Defendant Reeder 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 Marc 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 Reeder of his rights and provided him with a copy of the petitions. Defendant Reeder orally waived his right to a preliminary hearing.

         2. After being placed under oath, Defendant Reeder admitted violation nos. 1, 2, 3, 4, 5, and 6. [Docket Nos. 1236, and 1251.]

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

Violation Number Nature of Noncompliance
1 “The defendant shall report to the probation in a manner and frequency directed by the court or probation officer.” Mr. Reeder failed to report to the probation office on September 17, 2018. On September 24, 2018, an appointment notice was left at the offender's residence, instructing him to report to the probation office on September 26, 2018. Mr. Reeder did not report as instructed.
2 “The defendant shall notify the probation officer at least ten days prior to any change in residence or employment.” On October 1, 2018, Mr. Reeder's employer was contacted, and the manager stated Mr. Reeder last reported to work on or around September 15, 2018.
3 “The defendant shall not possess/use a computer unless he agrees to comply with the Computer Restriction and Monitoring Program at the direction of the probation officer. Monitoring will occur on a random or regular basis. The defendant shall advise the probation office of all computers available to him for use. Any computer or Internet-enabled device the defendant is found to have used and has not disclosed shall be considered contraband and may be confiscated by the probation officer. The defendant shall warn other occupants of the existence of the monitoring software placed on his computer.” On January 22, 2018, Mr. Reeder was in possession of two unauthorized Internet-enabled smart phones; to wit, an iPhone and LG phone. When located, Mr. Reeder admitted they were his and acknowledged he did not have authorization to possess.
4 “The defendant shall not possess any pornography, erotica, or nude images. Any such material found in the defendant's possession shall be considered contraband and may be confiscated by the probation officer.” The contraband listed in violation number three was forensically examined by the Indiana State Police (ISP). After receiving the forensic analysis, the probation officer determined there were multiple pornographic images. This included a complete nude adult female, multiple images of younger females who were topless or in bathing suits. Additionally, the offender had a video he recorded in a laundry mat. In this video, Mr. Reeder is recording a prepubescent female while making provocative statements.
5 “The defendant shall not possess any pornography, erotica, or nude images. Any such material found in the defendant's possession shall be considered contraband and may be confiscated by the probation officer.” Mr. Reeder failed to attend psychosexual treatment program on August 22, 2018, citing an illness. He attended treatment on August 29, 2018; however, he has failed to attend any treatment subsequent to that date.
6 “The defendant shall register as a sex offender with the appropriate authorities of any state in which he resides, is employed, or attends school.” After absconding from the Southern District of Indiana, Mr. Reeder was ultimately apprehended in New Mexico. There is no record that Mr. Reeder registered as a sex offender once he left the Southern District of Indiana.

         4. The parties stipulated that:

(a) The highest grade of violation is a Grade B violation.
(b) Defendant's criminal history category is I.
(c) The range of imprisonment applicable upon revocation of supervised release, therefore, is 4 to 10 ...

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