Filed: Aug. 14, 2019
Latest Update: Aug. 14, 2019
Summary: REPORT AND RECOMMENDATION TIM A. BAKER , Magistrate Judge . On August 13, 2019, the Court held a hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on August 9, 2019. Defendant Davis appeared in person with his appointed counsel Gwendolyn Beitz. The government appeared by Abhishek Kambli, Assistant United States Attorney. U. S. Parole and Probation appeared by Officer Angela Smith. The Court conducted the following procedures in accordance with Fed. R. Crim.
Summary: REPORT AND RECOMMENDATION TIM A. BAKER , Magistrate Judge . On August 13, 2019, the Court held a hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on August 9, 2019. Defendant Davis appeared in person with his appointed counsel Gwendolyn Beitz. The government appeared by Abhishek Kambli, Assistant United States Attorney. U. S. Parole and Probation appeared by Officer Angela Smith. The Court conducted the following procedures in accordance with Fed. R. Crim. ..
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REPORT AND RECOMMENDATION
TIM A. BAKER, Magistrate Judge.
On August 13, 2019, the Court held a hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on August 9, 2019. Defendant Davis appeared in person with his appointed counsel Gwendolyn Beitz. The government appeared by Abhishek Kambli, Assistant United States Attorney. U. S. Parole and Probation appeared by Officer Angela Smith. 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 Davis of his rights and provided him with a copy of the petition. Defendant Davis orally waived his right to a preliminary hearing.
2. After being placed under oath, Defendant Davis admitted violation numbers 1, 2, 3, and 4. [Docket No. 131.]
3. The allegations to which Defendant admitted, as fully set forth in the petition, are:
Violation
Number Nature of Noncompliance
1 "You shall not use or possess any controlled substances prohibited by
applicable state or federal law unless authorized to do so by a valid
prescription from a licensed medical practitioner. You shall follow the
prescription instructions regarding frequency and dosage."
On July 30, 2019, this officer conducted a home visit and observed some
marijuana residue on an ottoman but Mr. Davis denied having marijuana
inside the residence. This officer instructed him at that time to report to the
office to provide a urine sample. The results of that sample returned
positive for cannabinoids. On August 6, 2019, this officer met with him
and discussed his positive test results to which he eventually admitted
continued use of marijuana.
2 "You shall maintain lawful full time employment."
On July 8, 2019, the offender started a job at Indy Hanger and Supply
working 6:00am to 4:30pm. He was terminated from the position on July
9, 2019, for failure to follow instructions and failure to return from breaks
on time. He has failed to gain employment since July 9, 2019.
3 "You shall be monitored by GPS Monitoring via a curfew for a period
of six months, to commence as soon as practical, and shall abide by all
the technology requirements."
Mr. Davis' original curfew was set at Monday through Friday 7:00am to
7:00pm and Saturday through Sunday 12:00pm to 5:00pm. On July 7,
2019, he was given an extended schedule because of his new employment.
His schedule was Monday through Sunday from 5:30am to 9:30pm. On
July 30, 2019, Mr. Davis, when asked about his work schedule, did not
report that he had been fired from his job on July 9, 2019. On August 6,
2019, he admitted he did not report employment changes to this officer.
As a result of not reporting those employment changes he had a very
lenient curfew that would not have been given to him otherwise. He knew
it was his obligation to report changes to this officer as his curfew
schedule is determined by employment and other necessary appointments.
4 "You shall participate in a substance abuse treatment program
approved by the probation officer."
Mr. Davis was previously not compliant with treatment sessions with the
original provider, but there was a halt in services at that location due to a
change in the Recovery Works grant. Given that issue, he was referred on
July 30, 2019, to Indianapolis Treatment Center (ITC) for weekly
treatment. He was instructed to contact ITC on that date to get set up for
services. No contact was made. This officer received communication
from ITC indicating they were having trouble reaching the offender to
schedule him for treatment. At that time they advised he must report
Monday through Friday between the hours of 6:00am and 8:00am to
complete registration, at which time he would be set to start treatment. On
August 6, 2019, he was instructed to report on August 7, 2019, at 7:00am
to ITC to complete the registration process. This officer reviewed his GPS
points and saw he did not leave home until 9:00am and arrived at the
treatment center at 9:21am. He left the treatment center a few minutes
after his arrival. He was advised since he arrived outside their intake
hours, he needed to come back another morning during those hours. He
has yet to report to get set up for services. On August 6, 2019, he indicated
he needed help for his issues with marijuana and this officer located an
additional option that would include a very strict program, where he would
live on site and do treatment in the facility, as well as the program could
provide assistance with mental health, physical health, employment,
transportation and more. This officer obtained an assessment
appointment for him for August 8, 2019, at 9:45am. He was advised of the
importance of being on time on August 8, 2019, and indicated he would
report. On August 8, 2019, this officer spoke with the program coordinator
who stated the offender reported at 10:15am, at which time he was told the
coordinator would return shortly from helping another resident and would
meet with him, despite his tardiness. He then told the staff that he did not
want a tour of the house, nor would he wait and they could call him. The
coordinator attempted to call him but was unable to get through on the
number provided. At this time, the coordinator does not feel Mr. Davis
would be able to handle the strict accountability of their program and
would not be a good fit for their program.
4. The parties stipulated that:
(a) The highest grade of violation is a Grade C violation.
(b) Defendant's criminal history category is III.
(c) The range of imprisonment applicable upon revocation of supervised release, therefore, is 5 to 11 months' imprisonment.
5. The parties jointly recommended a sentence of eight (8) months with no supervision to follow.
The 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 FCC Terre Haute.
The parties are hereby notified that the District Judge may reconsider any matter assigned to a Magistrate Judge. The parties have fourteen days after being served a copy of this Report and Recommendation to serve and file written objections with the District Judge.
