United States District Court, S.D. Indiana, Evansville Division
REPORT AND RECOMMENDATION
Matthew P. Brookman, United States Magistrate Judge
September 9, 2019, the Court held an Initial Appearance on a
Warrant for Violation of Supervised Release. On September 24,
2019, the Court held a Hearing on Revocation of Supervised
Release. On November 4, 2019, the Court concluded the Final
Hearing. Defendant Butler appeared in person with counsel
Doug Walton. The government appeared by Todd Shellenbarger,
Assistant United States Attorney. The United States Probation
and Parole Office was represented by Officer Brian Deardurff.
Court conducted the following procedures in accordance with
Fed. R. Crim. P. 32.1(a)(1) and 18 U.S.C. § 3583:
Court advised Defendant Butler of his rights and provided him
with a copy of the petition. Defendant Butler waived his
right to a preliminary hearing.
After being placed under oath, Defendant Butler admitted
violations 1, 2, 3 and 4. (Docket No. 131).
allegations to which Defendant admitted, as fully set forth
in the petition, are:
Nature of Noncompliance
"The defendant shall not commit another
federal, state, or local crime."
As a result of a search of Anthony Butler's
residence on June 19, 2019, he was arrested for a
new criminal offense: Possession of an Anabolic
Steroid, Level 6 Felony and Possession of
Paraphernalia, Class C Misdemeanor in Vanderburgh
County, Indiana (82D02-1906- MC-00188) with formal
charges to follow.
"The defendant shall refrain from any unlawful
use of a controlled substance."
On June 19, 2019 during a search of Anthony
Butler's residence, the offender verbally
admitted to intravenously ingesting Heroin
(Opiates). He reported his last usage was on the
evening of June 18, 2019. Mr. Butler also noted, he
has been intravenously ingesting heroin most
recently from the beginning of June 2019 to the
present. Mr. Butler noted during this most recent
heroin usage he was ingesting and purchasing one
(1/2) gram of heroin at a time.
On June 19, 2019, while this probation officer
attempted to collect a urine sample from the
offender at the Vanderburgh County Jail. Mr. Butler
also admitted to ingesting Methamphetamine. He
reported his last usage was on the late evening of
June 18, 2019.
"You shall submit to substance abuse testing
to determine if you have used a prohibited
substance or to determine compliance with substance
abuse treatment. Testing may include no more than 8
drug tests per month. You shall not attempt to
obstruct or tamper with the testing methods."
Anthony Butler failed to produce a urinalysis drug
screens on the following date: June 19, 2019. This
probation officer attempted to collect a urine
screen on Mr. Butler while in Vanderburgh County
Jail booking, but he was unable to produce a urine
sample after numerous attempts during a one hour
Anthony Butler failed to report to drug screens on
the following dates: June 18, 2019, May 17, 2019,
December 7, 2018, July 20, 2018, June 7 & 18,
2018, and April 6, 2018. Anthony Butler submitted a
dilute drug screen urinalyses on November 27, 2018.
"You shall reside at a location approved by
the probation officer and shall notify the
probation officer at least 72 hours prior to any
planned change in place or circumstances of
residence or employment (including, but not limited
to, changes in who lives there, job positions, job
responsibilities). When prior notification is not
possible, you shall notify the probation officer
within 72 hours of the change."
Mr. Butler failed to notify this probation officer
of any change in employment within 72 hours. This
probation officer confirmed on June 13, 2019, with
Bootz Manufacturing human resource department, Mr.
Butler's last date of employment was June 6,
2019. His employment was terminated due to no calls
and no shows.
Sentencing guidelines provide that:
(a) The highest grade of violation is a Grade B violation.
(b) Defendant's criminal history category is V.
(c) The advisory range of imprisonment applicable upon
revocation of supervised release, therefore, is 18-24
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, and his supervised release should be revoked. The
Magistrate Judge recommends a departure from the advisory
range, with defendant being sentenced to the custody of the
Attorney General or his designee for a period of six (6)
months, calculated from the date of June 20, 2019, to be
released on December 20, 2019 with no further supervision to
parties are hereby notified that the District Judge may
reconsider any matter assigned to a Magistrate Judge. The
parties have fourteen (14) days after being served a copy of
this Report and ...