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United States v. Ness

United States District Court, S.D. Indiana, Terre Haute Division

March 13, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
MELISSA VAN NESS, Defendant.

          REPORT AND RECOMMENDATION

          CRAIG M. McKEE, MAGISTRATE JUDGE UNITED STATES DISTRICT COURT

         On March 6, 2019, the Court held an initial and final hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on February 20, 2019. Melissa Van Ness (“Defendant”) appeared in person with FCD counsel, Michael Donahoe. The government appeared by Lindsay Karwoski, Assistant United States Attorney. U.S. Probation appeared by Officer Jennifer Considine.

         On March 8, 2019, the USPO filed a memorandum regarding defendant's lack of employment. The undersigned conducted a hearing for March 13, 2019 to discuss defendant's lack of employment.

         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 of her rights and provided him with a copy of the petition.

         2. The parties advised the Court of an agreement by which the Defendant would admit to Violation No. 2, the Government would dismiss Violation No. 1. The parties did not concur on a recommended disposition.

         3. After being placed under oath, Defendant admitted Violation No 2. [Docket No. 1671.] The Government dismissed Violation No. 1.

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

Violation Number Nature of Noncompliance
2 “The defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or any paraphernalia related to any controlled substances, except as prescribed by a physician.” On February 18, 2019, the offender was arrested by the Terre Haute Police Department for operating a vehicle while intoxicated. Ms. Van Ness was transported to Union Hospital, in Terre Haute, Indiana, where she consented to a blood draw. Her sample was determined to have a blood alcohol level of .282, and also contained opiates, amphetamine, and methamphetamine.

         5. The parties stipulated that:

(a) The highest grade of violation is a Grade B violation.
(b) Defendant's criminal history category is III.
(c) The range of imprisonment applicable upon revocation of supervised release, therefore, is 8 to 14 ...

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