United States District Court, S.D. Indiana, Indianapolis Division
REPORT AND RECOMMENDATION
Baker United States Magistrate Judge
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.
Court conducted the following procedures in accordance with
Fed. R. Crim. P. 32.1(a)(1) and 18 U.S.C. § 3583:
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.
After being placed under oath, Defendant Gellinger admitted
violation numbers 1, 2, 3, 4, 5, and 6. [Docket No. 88.]
allegations to which Defendant admitted, as fully set forth
in the petition, are:
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
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
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
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
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 ...