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United States v. Settles

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

May 13, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
ERIC SETTLES, Defendant.

          REPORT AND RECOMMENDATION

          TIM A. BAKER, UNITED STATES MAGISTRATE JUDGE

         On May 13, 2019, the Court held a hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on February 25, 2019 and a supplemental petition filed on April 12, 2019. Defendant Settles appeared in person with his appointed counsel Loren Collins. The government appeared by Jeff Preston, Assistant United States Attorney. U.S. Parole and Probation appeared by Officer Chris Dougherty.

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

         2. After being placed under oath, Defendant Settles admitted violations 2, and 3. [Docket Nos. 52 and 56.] The government moved to dismiss violations 1, and 4 and the same was granted.

         3. The allegations to which Defendant admitted, as fully set forth in the petition, are:

         Violation Number

Nature of Noncompliance
2 “You shall reside in a residential reentry center for a term of 90 days. You shall abide by the rules and regulations of the facility.”
Eric Settles committed several violations of facility rules while a resident at Volunteers of America. On February 23, 2019, at approximately 7:00 p.m., the offender refused a drug screen and told the correctional officer, "I know I'm dirty, so I'm just going to refuse." Within one hour of this refusal, he claimed he had chest pains and left VOA via an ambulance. The offender never checked in at Eskenazi Hospital and never returned to VOA.
On February 6, 2019, the offender refused a drug test. He provided a very low volume of urine for his sample, and was required to wait until he could provide a second sample of sufficient volume, which he refused to do.
On January 26, 2019, the offender was on a pass from VOA to purchase hygiene items from the Wal-Mart on Lafayette Road. The offender was observed by a VOA staff member to be at a gas station in Plainfield, Indiana, with an unknown female. The offender later admitted that he lied about his whereabouts and activities, and that he violated his pass by going with a girlfriend to a restaurant to eat lunch and spend time with her.
On January 27, 2019, the offender was observed in VOA to be in possession of an unauthorized smart phone, and refused to relinquish the phone to staff. He later claimed he borrowed the phone from another ...

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