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United States v. Bolyard

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

April 18, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
TODD D. BOLYARD, Defendant.

          ORDER ADOPTING REPORT AND RECOMMENDATION

          Hon. Jane Magnus-Stinson, Chief Judge

         Presently pending before the Court is an Objection to Report and Recommendation on the Petition for Warrant or Summons for Offender Under Supervision filed by Defendant Todd Bolyard. [Filing No. 86.] For the reasons set forth herein, the Court OVERRULES Defendant's Objection and ADOPTS the Magistrate Judge's Report and Recommendation as discussed below. [Filing No. 83.]

         I. Background

         On November 1, 2012, the Government filed a complaint against Mr. Bolyard for failing to register as a sex offender following his three felony convictions for child molesting in 1997. [Filing No. 1 at 1.] On January 10, 2013, the parties notified the Court that a plea agreement had been reached, [Filing No. 15], which the Court accepted on April 11, 2013, [Filing No. 26]. Mr. Bolyard was sentenced to thirty months of incarceration and to life on supervised release. [Filing No. 27 at 2-3.] During sentencing, the Court advised Mr. Bolyard that the federal sentencing guidelines are “simply advisory, they are not mandatory, ” and informed him that the Court does not “have to follow them.” [Filing No. 62 at 8.] The Court then stated that it would “accept the presentence report as its findings of fact in the case and accept the report for the record under seal.” [Filing No. 62 at 17.] The Court subsequently addressed “the statutory sentencing factors” that it was “required to consider, ” including “the nature and circumstances of the offense and the history and characteristics of the Defendant.” [Filing No. 62 at 25-26.] In imposing lifetime supervised release, the Court stated as follows:

I am going to impose lifetime supervised release, but frankly, I think because of that, you will stay out of prison in the future. It is really not as a form of punishment, it is a way to keep you constantly reminded of what your obligations are and to keep you constantly motivated to comply with the law. So I will state the sentence and then give the parties an opportunity to object.
I feel like in that way I can ensure that you will respect the law. I can ensure that children will be kept safe. I can ensure that parents can know where you are as the sex offender registration enables them to do.

[Filing No. 62 at 27.]

         After Mr. Bolyard finished serving his sentence, the U.S. Probation Officer (“USPO”) petitioned the Court to modify the conditions of supervision by requiring Mr. Bolyard to reside at a residential reentry center (“RRC”). [Filing No. 33 at 1.] Mr. Bolyard agreed to the modification. [Filing No. 33 at 2.] The USPO stated that Mr. Bolyard had:

• submitted three urine samples that tested positive for cocaine from August through November 2015,
• twice failed to report for urine testing during the same period,
• failed to pay his substance abuse co-payment, • failed to comply with psychosexual treatment, and
• become delinquent on paying a Court-ordered fine. [Filing No. 33 at 1-2.]

         On January 19, 2016 the USPO filed a Petition for Warrant or Summons for Offender Under Supervision. The Magistrate Judge held hearings on February 5 and March 15, 2016, during which Mr. Bolyard admitted to continued cocaine use and to several violations of his conditions of supervision, including failure to report back to the RRC at the appointed time. [Filing No. 44 at 1-3.] As a result, the Magistrate Judge recommended that Mr. Bolyard be required to reside at the RRC for an additional 120 days, [Filing No. 44 at 4], and the Court adopted that recommendation on March 31, 2016, [Filing No. 45].

         On April 4, 2016, the USPO filed a Petition for Warrant or Summons for Offender Under Supervision, on which the Magistrate Judge held a hearing on July 6, 2016. [Filing No. 58 at 1.] At the hearing, Mr. Bolyard admitted to violating his conditions of supervision by being arrested on March 27, 2016, and being charged with multiple crimes including theft, reckless driving, and resisting law enforcement, and by failing to abide by the rules of the RRC by driving and being at Walmart. [Filing No. 58 at 3.] As such, the Magistrate Judge recommended that Mr. Bolyard be sentenced to twelve months of incarceration ...


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