Filed: Oct. 18, 2017
Latest Update: Oct. 18, 2017
Summary: REPORT AND RECOMMENDATION DAVID E. JONES , Magistrate Judge . On October 17, 2017, the Court held a hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on February 7, 2017 and a supplement petition filed on February 15, 2017. Defendant Turnipseed appeared in person with his appointed counsel Michael Donahoe. The government appeared by Jeff Preston, Assistant United States Attorney. U. S. Parole and Probation appeared by Officer Shelly McKee. The Court conduc
Summary: REPORT AND RECOMMENDATION DAVID E. JONES , Magistrate Judge . On October 17, 2017, the Court held a hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on February 7, 2017 and a supplement petition filed on February 15, 2017. Defendant Turnipseed appeared in person with his appointed counsel Michael Donahoe. The government appeared by Jeff Preston, Assistant United States Attorney. U. S. Parole and Probation appeared by Officer Shelly McKee. The Court conduct..
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REPORT AND RECOMMENDATION
DAVID E. JONES, Magistrate Judge.
On October 17, 2017, the Court held a hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on February 7, 2017 and a supplement petition filed on February 15, 2017. Defendant Turnipseed appeared in person with his appointed counsel Michael Donahoe. The government appeared by Jeff Preston, Assistant United States Attorney. U. S. Parole and Probation appeared by Officer Shelly McKee.
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 Turnipseed of his rights and provided him with a copy of the petition. Defendant Turnipseed orally waived his right to a preliminary hearing.
2. After being placed under oath, Defendant Turnipseed admitted violations 1, 2, 3, 4, and 5. [Docket Nos. 54 and 58.]
3. The allegations to which Defendant admitted, as fully set forth in the petition, are:
Violationm
Number Nature of Noncompliance
1 "The defendant shall refrain from any unlawful use of a controlled
substance."
As previously reported to the Court, on November 16, 18, 20, December
16, 2016, and January 9, 2017, Mr. Turnipseed provided urine specimens
which tested positive for amphetamine. He admitted using
methamphetamine on or about those dates.
2 "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 pay."
On January 2, 7, 9, 11, 16, 18, 21, 23, 25, 28, 30, February 1, and 4, 2017,
Mr. Turnipseed failed to attend scheduled intensive outpatient counseling
sessions at Indianapolis Counseling Center. On January 11, 2017, Mr.
Turnipseed failed to attend his scheduled individual substance abuse
treatment session at Volunteers of America and failed to contact the
counselor in order to re-schedule his appointment. On January 4, 5, 7, 8,
24, 27, 28, 29, 30, and 31, 2017, Mr. Turnipseed failed to report for
scheduled drug screens.
As previously reported to the Court, on December 5, 10, 12, 19, 21, and
26, 2016, the offender failed to attend scheduled counseling sessions. On
October 24, 2016, a payment plan was established instructing the offender
to remit monthly payments in the amount of $50 on November 15,
December 15, 2016, and January 15, 2017, to be applied toward the $150
substance abuse treatment co-pay fee. One payment in the amount of $30
was remitted and the balance due is $120.
3 "If this judgment imposes a fine or restitution, it is a condition of
probation/supervised release that the defendant pay in accordance with
the Schedule of Payments sheet of the Judgment and Commitment
Order."
As previously reported to On October 24, 2016, a payment plan was
established instructing the offender to remit monthly payments in the
amount of $75 beginning December 1, 2016. To date, no payments have
been remitted. The special assessment balance remains $75 ($125 was
paid while the offender was an inmate in the Bureau of Prisons) and the
fine balance remains $1,500.
4 "You shall work regularly at a lawful occupation unless excused by the
probation officer for schooling, training, or other acceptable reasons."
The offender has failed to obtain or provide documentation any type of
legitimate employment despite requests from this officer.
5 "The defendant shall not commit another federal, state, or local crime."
On February 7, 2017, the defendant was arrested by the Indianapolis
Metropolitan Police Department (IMPD) for the offense of count one,
possession of a narcotic drug; count two, possession of marijuana; count
three, visiting a common nuisance; and count four, possession of
paraphernalia. The case is pending in Marion County Superior Court
under Cause Number 49G20-1702-F5-005451.
According to the incident summary, on February 7, 2017, law enforcement
officers were dispatched to investigate a report of someone trying to break
into cars. While in the area officers heard a noise from inside a mobile
trailer with an open door. They asked the individuals to exit the mobile
trailer, at which time Mr. Turnipseed and two other adults presented
themselves. Upon entering the trailer, officers observed in plain view, a
bag of individually packaged balloons, which based on the officer's
experience indicated common evidence of dealing in narcotics. Also
observed was a small tin case containing marijuana and a large bag on a
table inside the trailer that contained heroin. A small bag on the counter
top which contained a pipe, commonly used for smoking marijuana, was
also discovered. Each suspect was read their Miranda Rights, arrested, and
transported to the processing center. During a search incident to arrest, it
was discovered the offender had a scale inside one of his coat pockets.
4. The parties stipulated that:
(a) The highest grade of violation is a Grade B violation.
(b) Defendant's criminal history category is II.
(c) The range of imprisonment applicable upon revocation of supervised release, therefore, is 6 to 12 months' imprisonment.
5. Parties jointly recommended a sentence of twelve (12) months and one (1) day with no supervised release 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 twelve (12) months and one (1) day 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 parties are hereby notified that the District Judge may reconsider any matter assigned to a Magistrate Judge. The parties waived the fourteen-day period to object to the Report and Recommendation.
