United States District Court, S.D. Indiana, Indianapolis Division
REPORT AND RECOMMENDATION
L. Pryor United States Magistrate Judge.
28, and June 3, 2019, the Court held hearings on the Petition
for Warrant or Summons for Offender Under Supervision filed
on July 17, 2018. Defendant Ballard appeared in person with
his appointed counsel Dominic Martin. 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 Ballard of his rights and provided
him with a copy of the petition. Defendant Ballard orally
waived his right to a preliminary hearing.
After being placed under oath, Defendant Ballard admitted
violation number 2. [Docket No. 60.]. Government moved to
dismiss violation numbers 1, and 3 and the same granted.
allegations to which Defendant admitted, as fully set forth
in the petition, are:
Nature of Noncompliance
“The defendant shall not unlawfully
possess a controlled substance. The defendant shall
refrain from unlawful use of a controlled
On June 22, 2018, the offender submitted a urine
screen which tested positive for marijuana. The
offender admitted he smoked a “blunt”
two days earlier.
parties stipulated that:
(a) The highest grade of violation is a Grade B violation.
(b) Defendant's criminal history category is IV.
(c) The range of imprisonment applicable upon revocation of
supervised release, therefore, is 21 to 24 months'
government argued for a sentence of twenty-four (24) months
with no supervised release to follow. The defendant requested
continuation of current supervised release or placement at
the Volunteers of America and to attend substance abuse
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 his supervised release should be revoked, and
that he should be sentenced to the custody of the Attorney
General or his designee for a period of twelve (12) months
with supervised release to follow. In addition to the
mandatory conditions of supervision, the following conditions
of supervised release will be imposed:
1. You shall report to the probation office in the judicial
district to which you are released within 72 hours of release
from the ...