United States District Court, S.D. Indiana, Indianapolis Division
REPORT AND RECOMMENDATION
L. Pryor United States Magistrate Judge.
3, 2019, the Court held a hearing on the Petition for Warrant
or Summons for Offender Under Supervision filed on March 18,
2019. Defendant Keeton appeared in person with her appointed
counsel Dominic Martin. The government appeared by Jeff
Preston, Assistant United States Attorney. U.S. Parole and
Probation appeared by Officer Elsi Bernabe.
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 Keeton of her rights and
provided her with a copy of the petition. Defendant Keeton
orally waived her right to a preliminary hearing.
2. After being placed under oath, Defendant Keeton admitted
violation numbers 1, 2, and 3. [Docket No. 351.]
3. The allegations to which Defendant admitted, as fully set
forth in the petition, are:
Nature of Noncompliance
“The defendant shall not commit
another federal, state or local
crime.” On March 12, 2019, Ms.
Keeton was charged in Scott County, Indiana, under
case number 72C01-1903-F6-000120 for Possession of
Methamphetamine as a Level 6 Felony, Maintaining a
Common Nuisance as a Level 6 Felony, and Possession
of Paraphernalia as a Class C Misdemeanor.
According to the affidavit, Austin City Police had
arrived at 967 North 2nd Street (the offender's
address) to attempt to locate Eric Sizemore who had
an outstanding warrant. Sizemore was inside and was
taken into custody from his bedroom. In his
bedroom, Amanda Keeton was found laying in the bed.
In plain view, officers located a corner cut bag
containing methamphetamine. Also found was a spoon
with burn marks. Other items located included two
corner cut bags with methamphetamine and three
spoons that were burnt and contained a white
substance. Ms. Keeton was placed under arrest and
transported to the Scott County Jail.
“You must refrain from any unlawful
use of a controlled substance.” As
previously reported to the Court, on December 20,
2018, Amanda Keeton tested positive for
Buprenorphine. She admitted to ingesting Suboxone
that was not prescribed to her.
“The defendant shall not meet,
communicate, or otherwise interact with a person
whom the defendant knows to be engaged, or planning
to be engaged, in criminal activity, or whom the
defendant knows to have been convicted of a felony,
unless granted permission to do so by the probation
officer.” Ms. Keeton has been
advised by this officer on numerous occasions that
she could not reside at the same residence as Mr.
Eric Sizemore as he was actively on Parole and had
previous felony convictions. Ms. Keeton had
informed this officer that Sizemore was not living
at the residence of 967 North 2nd Street in Austin,
Indiana, but was residing down the road with his
sister. Ms. Keeton was advised she could not have a
relationship with Sizemore while she was under
supervision to which she stated she understood.
The parties stipulated that:
(a) The highest grade of violation is a Grade B
(b) Defendant's criminal history category is
(c) The range of imprisonment applicable upon
revocation of supervised release, therefore, is 8
to 14 months' imprisonment.
The parties jointly recommended a sentence of six
(6) months with no supervised release to follow.
Magistrate Judge, having considered the factors in 18 U.S.C.
§ 3553(a), and as more fully set forth on the record,
finds that the Defendant violated the conditions in the
petition, that her supervised release should be revoked, and
that she should be sentenced to the custody of the Attorney
General or his designee for a period of six (6) months with
no supervised release to follow. The Defendant is to be taken
into custody immediately pending the District Judge's
action on this Report and Recommendation. The Magistrate
Judge will make a recommendation of placement at FPC
parties are hereby notified that the District Judge may
reconsider any matter assigned to a Magistrate Judge. The
parties waived the fourteen-day ...