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United States v. Ballard

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

June 27, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
WILLIAM A. BALLARD, Defendant.

          REPORT AND RECOMMENDATION

          Doris L. Pryor United States Magistrate Judge.

         On May 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.

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

         2. 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.

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

Violation Number

Nature of Noncompliance

2

The defendant shall not unlawfully possess a controlled substance. The defendant shall refrain from unlawful use of a controlled substance.”

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.

         4. The 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' imprisonment.

         5. The 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 testing.

         The 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 ...

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