United States District Court, S.D. Indiana, Indianapolis Division
REPORT AND RECOMMENDATION
Baker, United States Magistrate Judge
November 12, 2019, the Court held a hearing on the Petition
for Warrant or Summons for Offender Under Supervision filed
on July 26, 2019. Defendant Morris appeared in person with
his appointed counsel Michael Donahoe. The government
appeared by Peter Blackett, Assistant United States Attorney.
U.S. Parole and Probation appeared by Officer Angela Smith.
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 Morris of his rights and provided him
with a copy of the petition. Defendant Morris orally waived
his right to a preliminary hearing.
After being placed under oath, Defendant Morris admitted
violation numbers 1, 2, and 3. [Docket No. 146.]
allegations to which Defendant admitted, as fully set forth
in the petition, are:
Nature of Noncompliance
“You shall not use or possess any
controlled substances prohibited by applicable state
or federal law.”
On February 14, 2019, Mr. Morris submitted a urine
specimen that yielded positive for cannabinoids. On
April 11, 2019, he submitted a diluted urine
specimen. On May 7, 2019, he submitted a urine
specimen that was positive for cannabinoids. On July
9, 2019, Mr. Morris submitted a urine specimen that
was positive for cannabinoids and diluted.
“You shall be monitored by Radio
Frequency, via a curfew as determined by the
probation officer, for a period of four months, and
shall abide by all the technology
Mr. Morris' conditions were modified on May 28,
2019, and a home confinement/curfew conditions was
imposed as a sanction for continued non-compliance on
supervision. He began location monitoring on June 5,
2019, and since that time has incurred nine violation
alerts. These violations included leaving when not
schedule to leave and failing to return home as
“If this judgment imposes a fine or
restitution, it is a condition of supervised release
that he defendant pay in accordance with the Schedule
of Payments sheet of this judgment.”
Mr. Morris has been employed with UPS and Keys to
Work since April 2019. His judgment indicates he is
to pay 10% of his gross monthly income toward
restitution and special assessment. To date, the
offender has not made any effort toward paying this
outstanding balance. He also has not made a payment
toward his outstanding location monitoring fees.
parties stipulated that:
(a) The highest grade of violation is a Grade C violation.
(b) Defendant's criminal history category is I.
(c) The range of imprisonment applicable upon revocation of
supervised release, therefore, is 3 to 9 months'
parties jointly recommended a sentence of eight (8) months
with no supervised release to follow. Defendant requested
placement at FCI Terre Haute.
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 eight (8) months with
no supervised release to follow. The Defendant is to be taken
into custody immediately pending the District Judge's
action on this Report and Recommendation. The Magistrate
Judge will make a recommendation of placement at FCD Terre
Haute, lowest security level allowed.
parties are hereby notified that the District Judge may
reconsider any matter assigned to a Magistrate Judge. The
parties waived the fourteen-day ...