United States District Court, S.D. Indiana, Indianapolis Division
REPORT AND RECOMMENDATION
J. DINSMARE UNITED STATES MAGISTRATE JUDGE.
November 27, 2019, the Court held a hearing on the Petition
for Warrant or Summons for Offender Under Supervision filed
on November 19, 2019. [Dkt. 44.] Defendant Jones appeared in
person with his appointed FCD counsel Joseph Cleary. The
government appeared by Jeff Preston, Assistant United States
Attorney. U.S. Parole and Probation appeared by Officer Jason
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 Jones of his rights and ensured he
had a copy of the Petition. Defendant Jones orally waived his
right to a preliminary hearing.
After being placed under oath, Defendant Jones admitted
violation nos. 2 and 4 as set forth in the Petition. [Dkt.
44.] Government moved to dismiss violation numbers 1, 3, 5,
6, 7, and 8 and the same was granted.
allegations to which Defendant admitted, as fully set forth
in the Petition, are:
Nature of Noncompliance
“The defendant shall not unlawfully possess a
The defendant shall refrain from any unlawful use of
a controlled substance.” The offender submitted
a sample that tested positive for amphetamines on
November 1, 2019.
“You shall reside in a residential reentry
center for a term of up to 120 days. You shall abide
by the rules and regulations of the facility.”
The offender failed to report to the RRC upon his
release from imprisonment on October 2, 2019.
Court finds 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 24 months'
parties jointly recommended a sentence of twelve (12) months
and one (1) day with twelve (12) months of supervised release
to follow. Defendant requested placement at FCI Oxford,
Magistrate Judge, having considered the factors set forth in
18 U.S.C. § 3553(a), and as more fully set forth on the
record, finds that the Defendant violated the conditions of
his supervised release as set forth in violation numbers two
and four of the Petition, and recommends that Defendant's
supervised release be revoked, and that Defendant be
sentenced to the custody of the Attorney General or his
designee for a period of twelve (12) months and one (1) day
with twelve (12) months of supervised release to follow. In
addition to the mandatory conditions of supervision, the
following conditions of supervised release will be imposed:
1. You shall report to the probation office in the judicial
district to which you are released within 72 hours of release
from the custody of the Bureau of Prisons. (supervised
release cases only)
Justification: This condition is an administrative
requirement of supervision.
2. You shall report to the probation officer in a manner and
frequency directed by the court or probation officer.
Justification: This condition is an ...