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United States v. Jones

United States District Court, S.D. Indiana, Indianapolis Division

December 4, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
ARNOLD JONES, Defendant.

          REPORT AND RECOMMENDATION

          MARK J. DINSMARE UNITED STATES MAGISTRATE JUDGE.

         On 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 Nutter.

         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 Defendant Jones of his rights and ensured he had a copy of the Petition. Defendant Jones orally waived his right to a preliminary hearing.

         2. 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.

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

Violation Number

Nature of Noncompliance

2

“The defendant shall not unlawfully possess a controlled substance.

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.

4

“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.

         4. The 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' imprisonment.

         5. The 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, Wisconsin.

         The 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 ...

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