United States District Court, S.D. Indiana, Evansville Division
REPORT AND RECOMMENDATION
Baker, United States Magistrate Judge
November 5 and 13, 2019, the Court held hearings on the
Petition for Warrant or Summons for Offender Under
Supervision filed on August 1, 2019. Defendant Johnson
appeared in person with his appointed counsel Sam Ansell. The
government appeared by Kyle Sawa, Assistant United States
Attorney. U.S. Parole and Probation appeared by Officer
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 Johnson of his rights and provided
him with a copy of the petition. Defendant Johnson orally
waived his right to a preliminary hearing.
After being placed under oath, Defendant Johnson admitted
violation numbers 1, 2, 3, and 4. [Docket No. 370.]
allegations to which Defendant admitted, as fully set forth
in the petition, are:
Nature of Noncompliance
“You shall reside in a residential
reentry center for a term of up to 180
days. You shall abide by the rules and
regulations of the facility.”
On July 30, 2019, Lusta Johnson violated the EV-VOA
(RRC) rules and regulations by failing to return to
the facility from his employment pass. Mr. Johnson
was scheduled to be out on July 30, 2019 for work, he
signed out for work at 4:45 am. and was scheduled to
return at 6:30 pm. Mr. Johnson, never returned to the
EV-VOA (RRC) facility, therefore he absconded from
“The defendant shall not commit another
federal, state, or local crime.”
As previously reported to the Court, on May 3, 3019,
a record check conducted on April 15, 2019, revealed
Lusta Johnson, was arrested for Possession of
Marijuana in Vanderburgh County, Indiana
(82D07-1904-CM-002597) and Mr. Johnson was also
arrested on April 30, 2019 for Count I: Operate Motor
Vehicle After Forfeiture of License for Life, Level 5
Felony & Habitual Offender and Count II: False
Informing, Class B Misdemeanor in Vanderburgh County,
“The defendant shall refrain any
unlawful use of a controlled
On July 13, 2019, Lusta Johnson submitted a urine
sample with the Evansville VOA (RRC) which was
confirmed positive for Synthetic Cannabinoids
(5-fluoro-PB-22 and/or PB-22 and FUB-AMB). On July
26, 2019, Mr. Johnson was confronted about this
positive drug screen and admitted to ingesting
Synthetic Cannabinoids prior to the July 13, 2019 VOA
drug screen and most recently on July 23, 2019.
As previously report to the Court, Mr. Johnson,
tested positive for amphetamines on April 16, 2019
and denied usage. The specimen was sent for further
confirmation testing and confirmed positive by Alere
laboratory for amphetamine and methamphetamine .
“The defendant shall participate in a
substance abuse treatment program at the direction of
the probation officer, which may include no more than
eight drug tests per month. The defendant shall
abstain from the use of all intoxicants, including
alcohol, while participating in a substance abuse
treatment program. The defendant is responsible for
paying a portion of the fees of substance abuse
testing and/or treatment in accordance with his
ability to pays.”
Lusta Johnson failed to report for five (5) drug
screens on the following dates: June 25, 27, 2019,
July 5, 15, and 24, 2019.
parties stipulated that:
(a) The highest grade of violation is a Grade B violation.
(b) Defendant's criminal history category is VI.
(c) The range of imprisonment applicable upon revocation of
supervised release, therefore, is 21 to 27 months'
parties jointly recommended a sentence of twenty-one (21)
months with no supervised release to follow.
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 twenty-one (21)
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
FCC 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 ...