United States District Court, S.D. Indiana, Indianapolis Division
MAGISTRATE JUDGE'S REPORT AND
McVicker Lynch United States Magistrate Judge
matter is before the undersigned according to the Order
entered by the Honorable Sarah Evans Barker, directing the
duty magistrate judge to conduct a hearing on the Petition
for Warrant or Summons for Offender Under Supervision
(“Petition”) filed on November 30, 2018, and to
submit proposed Findings of Facts and Recommendations for
disposition under 18 U.S.C. §§ 3401(i) and 3583(e).
Proceedings were held on April 5, 2019, in accordance with
Rule 32.1 of the Federal Rules of Criminal
April 5, 2019, defendant Brandon Ditchley appeared in person
with his appointed counsel, Dominic Martin. The government
appeared by Abhishek Kambli, Assistant United States
Attorney. The United States Probation Office
(“USPO”) appeared by Officer Tim Hardy, who
participated in the proceedings.
court conducted the following procedures in accordance with
Federal Rule of Criminal Procedure 32.1(a)(1) and 18
U.S.C. § 3583:
court advised Mr. Ditchley of his right to remain silent, his
right to counsel, and his right to be advised of the charges
against him. The court asked Mr. Ditchley questions to ensure
that he had the ability to understand the proceedings and his
copy of the Petition was provided to Mr. Ditchley and his
counsel, who informed the court they had reviewed the
Petition and that Mr. Ditchley understood the violations
alleged. Mr. Ditchley waived reading of the Petition. The
court summarized the allegations in the Petition.
court advised Mr. Ditchley of his right to a preliminary
hearing and its purpose in regard to the alleged violations
of his supervised release specified in the Petition. Mr.
Ditchley was advised of the rights he would have at a
preliminary hearing. Mr. Ditchley stated that he wished to
waive his right to a preliminary hearing and stipulated that
there is a basis in fact to hold him on the specifications of
violations of supervised release as set forth in the
court advised Mr. Ditchley of his right to a hearing on the
Petition and of his rights in connection with a hearing. The
court specifically advised him that at a hearing, he would
have the right to present evidence, to cross-examine any
witnesses presented by the United States, and to question
witnesses against him unless the court determined that the
interests of justice did not require a witness to appear.
Ditchley advised the court that he wished to give up his
right to a hearing and to admit the violations. The court
asked him questions to confirm that his decision was knowing
Ditchley, by counsel, stipulated that he committed Violation
Numbers 1 and 2 set forth in the Petition as follows:
Number Nature of Noncompliance
1 “You shall report to the probation officer in
a manner and frequency directed by the court or probation
On November 15, 2018, Brandon Ditchley failed to report for a
scheduled office visit. His whereabouts is unknown.
2 "Your probation officer must approve where you live.
If you plan to move you must tell the probation officer at
least 72 hours before you move. If you have to move
unexpectedly, you must notify your probation officer within
72 hours of when you move. Your probation officer needs to
know where you are living so they can reach you. You must
tell your probation officer where you work. If something with
your job changes, (such as losing a job, getting a new job,
or a change in what you do at work), you must tell your
On August 10, 2018, this officer attempted to visit the
offender at his reported residence located at 125 Albany
Street. The residents at the location reported the offender
did not live there. On the same date, this officer attempted
to locate the offender at his mother's residence located
at 925 Albany Street. No. contact was made with the offender.
On August 17, 2018, this officer received a law enforcement
alert indicating he had contact with the Indianapolis
Metropolitan Police Department (IMPD). The officer left a
voice mail message indicating he stopped the offender for a
jay waking infraction. According to the message, the offender
gave the officer his brothers name and identifiers. His
brother had an active warrant for a driving offense, and
according to the officer, Mr. Ditchley "came
clean," and told him his true identity. Mr. Ditchley
told the police officer he lied because he thought he had a
federal warrant for a probation violation.
On August 22, 2018, this officer spoke with Mr.
Ditchley's ex-girlfriend and mother of his child,
Kimberly Hargrave, to ascertain his whereabouts. She reported
she saw him two days prior and that he was homeless. Ms.
Hargrave was asked to have the offender contact the probation
office immediately should she come in contact with him.
On August 23, 2018, this officer contact the offender's
mother, Darlene Evans, who reported Mr. Ditchley had not
lived at her residence since age 17. She was unaware of his
whereabouts, and reported he was homeless and that he
preferred to live that way. Ms. Evans further stated the
offender occasionally comes by her ...