Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Sturdivant

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

June 28, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
DUANE STURDIVANT, Defendant.

          REPORT AND RECOMMENDATION

          Doris L. Pryor United States Magistrate Judge.

         On June 11, 2019, the Court held a hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on May 16, 2019. Defendant Sturdivant appeared in person with his appointed counsel, Dominic Martin. The government appeared by Nick Linder, Assistant United States Attorney. U.S. Parole and Probation appeared by Officer Troy Adamson.

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

         2. After being placed under oath, Defendant Sturdivant admitted violation number 1. [Docket No. 254.]

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

Violation Number

Nature of Noncompliance

1

The defendant shall commit another federal, state or local crime.” On March 12, 2019, Mr. Sturdivant was arrested on warrants out of Marion County, Indiana, in 49G12-1807-CM-023886 and 49G16-1807-CM-024363. In 49G12-1807-CM-023886, the offender was charged with criminal mischief, a misdemeanor. In 49G16-1807-CM-024363, the offender was charged with 4 counts of invasion of privacy-violation of a protective order, all misdemeanors. According to the probable cause affidavit in 49G12-1807-CM-023886, the offender broke the front window of the victim's residence after knocking at the door. When the police arrived he had left the scene. The victim of the offense was a former girlfriend and she wouldn't answer when he knocked. According to the probable cause affidavit in 49G16-1807-CM-0243632, the offender violated a protection order by sending the victim text and voice mails, Facebook messaging her mother, and sending an edible flower arrangement and note to the victim's school. On May 9, 2019, the offender plead guilty to one count of Invasion of Privacy in 49G16-1807-CM-024363, and was sentenced to 365 days in jail, suspended, and 359 days probation. All other counts were dismissed. The same date, Mr. Sturdivant plead guilty to one count of Criminal Mischief, in 49G16-1807-CM-023886, and was sentenced to 180 days in jail, suspended, time served and no probation.

         4. The parties stipulated that:

(a) The highest grade of violation is a Grade C violation.
(b) Defendant's criminal history category is III.
(c) The range of imprisonment applicable upon revocation of supervised release, therefore, is 5 to 11 months' imprisonment.

         5. The parties jointly recommended a modification to include participation in Moral Reconaton Therapy (MRT). Defendant is to have no contact with the victim in the underlying Marion County, Indiana state convictions.

         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 modified as follows:

1. You shall report to the probation office in the judicial district to which you are released within 72 hours of release from the custody of the Bureau of ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.