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United States v. Moreland

United States District Court, S.D. Indiana, Terre Haute Division

September 4, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
JWUAN MORELAND (7), Defendant.

          REPORT AND RECOMMENDATION

          Craig M. McKee Magistrate Judge

         On September 4, 2019, a final hearing was conducted on the Petition for Warrant or Summons for Offender Under Supervision, filed on April 18, 2019 [dkt 1687]. A supplemental petition was filed on April 29, 2019 [dkt 1694]. Jwuan Moreland (“Defendant”) appeared in person with FCD counsel, Michael Donahoe. The government appeared by Bradley Blackington, Assistant United States Attorney. U.S. Probation appeared by Officer Troy Adamson.

         The Government moved to dismiss the supplemental petition filed on April 29, 2019. The Court GRANTS the motion and directs the Clerk to terminate the supplemental petition on the docket [dkt 1694]. The parties advised they were ready to proceed on a final hearing on the original petition.

         The Court conducted the following procedures in accordance with Fed. R. Crim. P. 32.1(a)(1) and 18 U.S.C. § 3583:

         The Court summarized the allegations of the initial petition [dkt 1687] and referenced the initial hearing in this matter on May 13, 2019, when defendant was advised of his rights, the nature of the allegations, and provided him with a copy of the petition.

         A final hearing was then conducted, and witnesses were sworn and testified as to the alleged violations. Witnesses: Senior Probation Officer Troy Adamson, Angel Baker, and Jwuan Moreland. The Government and the defendant each argued their positions prior to the Court announcing its judgment.

         The undersigned recommends to the Court adoption of the following Findings of Fact and Conclusions of Law:

         Findings of Fact

         1. The defendant, Jwuan Moreland, was sentenced on June 24, 2011, in the U.S. District Court for the Southern District of Indiana, Terre Haute Division, on the charge of felon in possession of a firearm. The original sentence included 110 months of confinement and 36 months of supervised release.

         2. The Government alleged the defendant failed to comply with the terms of supervised release as follows:

         Violation Number Nature of Noncompliance

1. "The defendant shall not commit another federal, state or local crime."
On April 16, 2019, Mr. Moreland was arrested by the Lawrence Police Department following a U.S. Probation search of his vehicle. He is charged in Marion County, Indiana, with possession of marijuana and methamphetamine under cause number 49G25-1904-F6-014714.He is currently in custody in the Marion County Jail.
On April 16, 2019, U.S. Probation Officers and Lawrence Police initiated a search of Mr. Moreland's residence and vehicle. During the course of the search, officers located a large Ziploc bag inside the center console of his truck. Inside the bag were two white pill bottles, one containing two small baggies of a white crystal substance, and the other a green leafy substance. The white crystal substance field tested positive for amphetamine when tested by Lawrence Police. The green leafy substance field tested positive for marijuana. The offender admitted to the probation officer the ...

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