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United States v. Prewitt

United States District Court, S.D. Indiana, New Albany Division

September 17, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
RODNEY WAYNE PREWITT, Defendant.

          REPORT AND RECOMMENDATION

          VAN WILLIS United States Magistrate Judge.

         On September 10, 2019, the Court held a hearing on the Petitions for Warrant or Summons for Offender Under Supervision filed on August 20, 2019 (Docket No. 10 in Cause No. 4:17-cr-20-TWP-VTW; Docket No. 10 in Cause No. 4:17-cr-21-TWP-VTW). Defendant Rodney Wayne Prewitt appeared in person with his appointed counsel Jennifer H. Culotta. The government appeared by Abhishek Kambli, Assistant United States Attorney. U.S. Probation appeared by Officer Shallon Alford.

         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 Mr. Prewitt of his rights and provided him with a copy of the petitions.

         2. Mr. Prewitt waived his right to a preliminary hearing.

         3. The parties advised the Court they had reached an agreement to resolve the allegations in the Petitions.

         4. After being placed under oath, Mr. Prewitt admitted Violations 1 through 4 of the Petitions filed in Cause No. 4:17-cr-20-TWP-VTW and 4:17-cr-21-TWP-VTW (Docket No. 10 in each case).

         5. The allegations to which Defendant admitted, as fully set forth in the petition, are:

         Violation Number Nature of Noncompliance

         1 "The defendant shall make restitution."

         Mr. Prewitt agreed to pay $5 per month towards his restitution; however, Mr. Prewitt has failed to make a payment in over 90 days and has failed to be consistent in his payments.

         2 "You must not commit another federal, state or local crime."

         On April 14, 2019, Mr. Prewitt was charged in Scott County, Indiana, under case number 72-1904-F6-168 for a felony count of Theft, and on April 23, 2019, he was convicted of the same. According to the charging document, Mr. Prewitt stole $197.37 worth of men's clothing.

         3 "You shall reside in a residential reentry center for a term of up to 120 days. You shall abide by the rules and ...


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