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United States v. Evans

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

July 15, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
CHARLES BRANT EVANS, Defendant. UNITED STATES OF AMERICA, Plaintiff,

          REPORT AND RECOMMENDATION

          Mark J. Dinsmore, United States Magistrate Judge.

         On July 10, 2019, the Court held a hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on June 26, 2019. Defendant Evans appeared in person with his appointed counsel Joseph Cleary. The government appeared by Lawrence Hilton, Assistant United States Attorney. U.S. Parole and Probation appeared by Officer Brent Witter.

         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 Evans of his rights and ensured he had a copy of the Petition. Defendant Evans orally waived his right to a preliminary hearing and reading of the Petition.
2. After being placed under oath, Defendant Evans admitted violation number 1 as set forth in the Petition. [Docket No. 15.] The Government moved to dismiss violation numbers 2 and 3 and the same was granted.
3. The allegations to which Defendant admitted, as fully set forth in the petition, are:

         Violation Number Nature of Noncompliance

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

On May 23, 2019, Mr. Evans submitted a urine sample which was confirmed positive by Alere Laboratory for marijuana. He denies use.
Previously, the Court was advised Mr. Evans tested positive for marijuana and admitted use on December 19, 2018, and April 11, 2019. Additionally, Mr. Evans tested positive for marijuana on April 25, 2019; however, that was viewed as residual use as it was within the 30 day detection window. As a result of the positive drug tests, the Court concurred with the probation officer's recommendation to modify Mr. Evans' conditions to include substance use disorder treatment. To date, Mr. Evans is actively participating in outpatient treatment.

         4. The Court finds that that:

(a) The highest grade of violation is a Grade C violation.
(b) Defendant's criminal history category is II.
(c) The range of imprisonment applicable upon revocation of supervised release, therefore, is 4 to 10 ...

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