United States District Court, S.D. Indiana, Indianapolis Division
REPORT AND RECOMMENDATION
BAKER, UNITED STATES MAGISTRATE JUDGE
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.
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 Settles of his rights and provided
him with a copy of the petition. Defendant Settles orally
waived his right to a preliminary hearing.
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
allegations to which Defendant admitted, as fully set forth
in the petition, are:
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 ...