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United States v. NESS
United States District Court, S.D. Indiana, Terre Haute Division
March 28, 2019
UNITED STATES OF AMERICA, Plaintiff,
MELISSA VAN NESS 17, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
JANE MAGNTTS-STINSON, CHIEF JUDGE UNITED STATES DISTRICT
reviewed Magistrate Judge Craig McKee's Report and
Recommendation dkt.  recommending that Melissa Van
Ness's supervised release be revoked, pursuant to Title
18 U.S.C. Â§3401(i), Rule 32.1(a)(1) Federal Rules of
Criminal Procedure and Title 18 U.S.C. Â§3583, and with
no objections being filed, the Court APPROVES and
ADOPTS Magistrate Judge McKee's Report and
Recommendation dkt. . The Court finds that Ms. Van Ness
committed Violation Number 2 as alleged by the U.S. Probation
Office in its Petitions for Warrant or Summons for
Offender under Supervision dkt . The Court now
orders that the defendant's supervised release is
therefore REVOKED, and Ms. Van Ness is
sentenced to the custody of the Attorney General or his
designee for a period of sixty (60) days imprisonment and
that her supervised release resume thereafter for the period
dictated in the original disposition in the Judgment 
eight (8) years of supervised release (conditions modified as
addition to the mandatory conditions of supervision, the
following conditions of supervised release 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 Prisons.
2. You shall report to the probation officer in a manner and
frequency directed by the court or probation officer.
3. You shall permit a probation officer to visit you at a
reasonable time at home, or another place where the officer
may legitimately enter by right or consent, and shall permit
confiscation of any contraband observed in plain view of the
4. You shall not knowingly leave the judicial district
without the permission of the court or probation officer.
5. You shall answer truthfully the inquiries by the probation
officer, subject to your 5th Amendment privilege.
6. You shall not meet, communicate, or otherwise interact
with a person you know to be engaged, or planning to be
engaged, in criminal activity. You shall report any contact
with persons you know to be convicted felons to your
probation officer within 72 hours of the contact.
7. You shall reside at a location approved by the probation
officer and shall notify the probation officer at least 72
hours prior to any planned change in place or circumstances
of residence or employment (including, but not limited to,
changes in who lives there, job positions, job
responsibilities). When prior notification is not possible,
you shall notify the probation officer within 72 hours of the
8. You shall not own, possess, or have access to a firearm,
ammunition, destructive device or dangerous weapon.
9. You shall notify the probation officer within 72 hours of
being arrested, charged, or questioned by a law enforcement
10. You shall maintain lawful full time employment, unless
excused by the probation officer for schooling, vocational
training, or other reasons that prevent lawful employment.
11. You shall not enter into any agreement to act as an
informer or a special agent of a law enforcement agency
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