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United States v. Preston

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

September 10, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
BREON PRESTON, Defendant.

          REPORT AND RECOMMENDATION

          Mark J. Dinsmore United States Magistrate Judge

         On September 10, 2019, the Court held a hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on July 26, 2019. [Dkt. 19.] Defendant Preston appeared in person with his appointed counsel Dominic Martin. The government appeared by Kendra Klump, 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 Preston of his rights and ensured he had a copy of the Petition. Defendant Preston orally waived his right to a preliminary hearing.

         2. After being placed under oath, Defendant Preston admitted Violation Nos. 1, 3, and 6 as set forth in the Petition. Government moved to dismiss Violation Nos. 2, 4, 5 and 7 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 commit another federal, state, or local crime.”
On July 15, 2019, a charge of Theft, a misdemeanor offense, was filed against the offender in Hancock County, Indiana, under cause number 30D02-1907-CM-001368. He was subsequently arrested on a warrant on July 18, 2019. The charge is pending in the Hancock County Superior Court 2.
According to the Affidavit for Probable Cause, on July 14, 2019, an officer from the Hancock County Police Department was dispatched to a Meijer store on a report of a theft in progress. While en route to Meijer, the officer received information that two suspects left in a gray Chevrolet Trailblazer and were at the Meijer gas station. The suspected vehicle was then encountered by the officer. The alleged accomplice was pumping gas while the offender was observed in the passenger seat. In the process of the officer securing the accomplice, Mr. Preston allegedly got into the driver's seat and drove away from the scene. A check of the vehicle registration indicated it was registered to the offender as the owner. The offender's accomplice was later positively identified by a loss prevention officer as one of the suspects believed to have stolen from the store. Mr. Preston was identified via photograph. The suspected stolen items were DVDs, alcohol, and an air mattress. Only the DVDs were recovered. Initial charges for Mr. Preston included felony theft with a prior, operating a vehicle never having received a license, and resisting law enforcement with a vehicle.
As previously reported to the Court, Mr. Preston was charged under cause number 49G01-1808-F4-026785 in Marion County, Indiana, on August 15, 2018, with Burglary and Theft, felony offenses. He remained in custody from August 30, 2018, until November 16, 2018, when the charges were dismissed.
3 “The defendant shall refrain from any unlawful use of a controlled substance.”
As previously reported to the Court, the offender submitted a urine sample on August 23, 2018, which tested positive for marijuana. On March 6, and March 13, 2019, he submitted urine samples which tested positive for cocaine.
6 “You shall not have unsupervised meetings, activities, or visits, or intentional communications with any minor unless they have been disclosed to the probation officer and approved by the court. You shall not have supervised meetings, activities, visits, or intentional communications with any minor unless they have been approved by the probation officer. Before you may request approval for such meetings, activities, visits, or intentional communications (unsupervised or supervised), you must notify the ...

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