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United States v. Gellinger

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

April 12, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
RANDY GELLINGER, Defendant.

          REPORT AND RECOMMENDATION

          Tim A. Baker United States Magistrate Judge

         On April 9, 2019, the Court held a hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on April 1, 2019. Defendant Gellinger appeared in person with his appointed counsel Michael Donahoe. The government appeared by Brad Shepard, Assistant United States Attorney. U.S. Parole and Probation appeared by Officer Tasha Taylor.

         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 Gellinger of his rights and provided him with a copy of the petition. Defendant Gellinger orally waived his right to a preliminary hearing.

         2. After being placed under oath, Defendant Gellinger admitted violation numbers 1, 2, 3, 4, 5, and 6. [Docket No. 88.]

         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 officer and shall submit a truthful and complete written report within the first five days of each month.”
The probation officer last had face-to-face contact with Mr. Gellinger on March 14, 2019, at his residence at 829 N. Gray Street, Indianapolis, Indiana. At that time, he was instructed to report to the probation office on March 19, 2019. However, he failed to report. He has made no contact with the probation officer and attempts to locate him have been to no avail.
2 “The defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other acceptable reasons.”
On approximately February 20, 2019, Mr. Gellinger was terminated from his employment at ALSCO, a linen company in Indianapolis, Indiana. According to his employer, he was terminated after being a no show for approximately seven consecutive days. He has failed to follow the probation officer's instruction to obtain other employment, and he appears to be making no effort to find work.
3 “The defendant shall notify the probation officer at least ten days prior to any change in residence or employment.”
On March 26, 2019, the probation officer received information from the offender's roommate indicating he was last seen at the home on approximately March 23, 2019. However, it was believed he had been there on March 25, 2019, as he had allegedly stolen food while his roommate was away. On March 26, 2019, a call was received from the landlord stating the offender was stealing food from his roommate and had left dirty dishes in the sink. She had rarely seen him at the residence, but it was believed he was still residing there.
According to his roommate, he would leave the home for three to four days at a time. On March 29, 2019, the probation officer received additional information from Mr. Gellinger's roommate stating he had not returned to the residence. However, he had seen the offender walking down East 10th Street in Indianapolis, as well as at the bus transit. Attempts by the probation officer to locate the offender at his residence on March 21, 2019, and March 28, 2019, were unsuccessful. His whereabouts are unknown.
4 “The defendant shall pay any fine that is imposed by the this judgment and that remains unpaid at the commencement of the term of supervised release.”
The offender is required to make a monthly payment toward his fine. He last made a payment of $5 on January 4, 2019. He has an outstanding balance of $601.
5 “The defendant shall participate in a program of treatment for sexual disorders, including periodic polygraph examinations, as directed by ...

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