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United States v. Jewell

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

August 14, 2019

JASON T. JEWELL, Defendant.


          Debra McVicker Lynch United States Magistrate Judge.

         On July 31, 2019, the Court held a hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on July 5, 2019. Defendant Jewell appeared in person with his appointed counsel Joseph Cleary. The government appeared by Kristina Korobov, Assistant United States Attorney. U.S. Parole and Probation appeared by Officer Tasha Taylor.

         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 Jewell of his rights and provided him with a copy of the petition. Defendant Jewell orally waived his right to a preliminary hearing.
2. After being placed under oath, Defendant Jewell admitted violation numbers 1 through 6. [Docket No. 56.]
3. The allegations to which Defendant admitted, as fully set forth in the petition, are:

Violation Number

Nature of Noncompliance


The defendant shall not commit another federal, state, or local crime.” As previously reported to the Court on October 16, 2017, the offender was allegedly involved in criminal conduct. On September 18, 2017, he was found masturbating in the nude outside of a local apartment complex in Indianapolis, Indiana. Someone from the public observed and recorded him, and contacted police authorities. Mr. Jewell reported to officers "voices" told him to get naked and masturbate. He was transported to Eskenazi Hospital, where he was assessed. No. psychosis was found, and it was determined he was safe to be discharged.

There is no record of an arrest being made nor charges filed against him.


"The defendant shall participate in a program of treatment for sexual disorders, including periodic polygraph examinations, as directed by the probation officer. The Court authorizes the release of the presentence report and available psychological evaluations to the mental health provider, as approved by the probation officer."

As previously reported to the Court on January 4, 2019, Mr. Jewell was terminated from psychosexual treatment at the Indianapolis Counseling Center due to violating the agency's attendance policy. He was terminated from the program on approximately December 3, 2018, and eventually resumed treatment on approximately January 21, 2019.

Since that time, Mr. Jewell has again been terminated from the program as a result of failing to attend his group and individual sessions regularly. On May 13, 2019, he was unsuccessfully discharged following at least eleven missed sessions from January to April 2019. In addition to various excuses, he claimed he was depressed and "almost" attempted suicide on a few occasions. As a result, he was referred to mental health treatment to address his depressive symptoms and suicidal ideation. On June 27, 2019, he informed the probation officer he was no longer depressed and was ready to resume the psychosexual treatment program. As such, the probation officer instructed him to attend his scheduled group session on July 1, 2019. However, on that same day, the probation officer received information from the treatment provider indicating the offender was again a "no show." On approximately July 2, 2019, he was unsuccessfully discharged from the program. Since beginning the program in 2015, he has missed approximately 24 sessions.


"The defendant shall not have any unsupervised contact with any minor child, unless the contact has been disclosed to and approved by the probation officer. In determining whether to approve such contacts involving members of the defendant's family, the probation officer shall determine if the defendant has notified the person having custody of any such minors about his conviction in this case and the fact that he is under supervision. If this notification has been made, and if the person having custody consents to the contact then this condition is not intended to prevent approval of the contact."

As previously reported to the Court, Mr. Jewell made a voluntary statement to the treatment provider stating he had supervised contact with a minor child. His then neighbor offered him a ride to a treatment session. However, the neighbor's children were in the car. Despite minor children being present, the offender entered the vehicle and was provided a ride to the treatment agency. The contact was not disclosed to nor approved by the probation officer in advance.


"The defendant shall not possess/use a computer unless he agrees to comply with the Computer Restriction and Monitoring Program at the direction of the probation officer. Monitoring will occur on a random or regular basis. The defendant shall advise the probation office of all computers available to him for use. Any computer or Internet-enabled device the defendant is found to have used and has not disclosed shall be considered contraband and may be confiscated by the probation officer. The defendant shall warn other occupants of the existence of the monitoring software placed on his computer."

Also as previously reported to the Court, the offender has admitted to being in possession of a cellular telephone with Internet access. Prior to possessing it, he did not inform the probation officer, and therefore, the device was unmonitored.


"The defendant shall not possess any pornography, erotica, or nude images. Any such material found in the defendant's possession shall be considered contraband and may be confiscated by the probation officer."

As previously reported to the Court, Mr. Jewell has admitted to being in possession of pornography. Although some of the persons in the images appeared to look young, their ages could not be ascertained nor confirmed to be child pornography. The offender denied possessing child pornographic images, and claimed he only sought pornography of persons he believed to be 18 years of age and older.


"The defendant shall participate in a program of mental health treatment as directed by the probation officer."

From approximately the commencement of his term of supervised release until August 2018, the offender participated in mental health therapy at Eskenazi Health/Midtown Community Mental Health (Midtown). Around August 16, 2018, it was determined by the treatment provider Mr. Jewell made significant improvement and was being transferred to a "Medication Only" program. He remains connected to Midtown for the prescribing and management of his psychotropic medication. However, as referenced in violation 2, due to the offender reporting depression and suicidal ideation, he was referred back to Midtown for mental health counseling. He met with a therapist on May 6, 2019. However, he failed to attend subsequent sessions on May 20, 2019, and June 24, 2019. He has had no contact with the therapist since his initial appointment in May 2019.

         4. The parties stipulated 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 months' imprisonment.

         5. The parties jointly recommended a sentence of thirty (30) days with lifetime supervision to follow.

         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 thirty (30) days with lifetime 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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