United States District Court, S.D. Indiana, Indianapolis Division
REPORT AND RECOMMENDATION
L. Pryor United States Magistrate Judge.
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.
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 Sturdivant of his rights and provided
him with a copy of the petition. Defendant Sturdivant orally
waived his right to a preliminary hearing.
After being placed under oath, Defendant Sturdivant admitted
violation number 1. [Docket No. 254.]
allegations to which Defendant admitted, as fully set forth
in the petition, are:
Nature of Noncompliance
“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.
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'
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.
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
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 ...