Filed: Oct. 19, 2017
Latest Update: Oct. 19, 2017
Summary: REPORT AND RECOMMENDATION MATTHEW P. BROOKMAN , Magistrate Judge . On October 2, 2017, the Court held an Initial Appearance on a Warrant for a Supervised Release Violation. On October 19, 2017 the Court held a Final Revocation Hearing. Defendant Fussner appeared in person and with his appointed counsel Barry Blackard. The government appeared by Todd Shellenbarger, Assistant United States Attorney. United States Probation and Parole appeared by Officer Katrina Sanders. The Court conducted t
Summary: REPORT AND RECOMMENDATION MATTHEW P. BROOKMAN , Magistrate Judge . On October 2, 2017, the Court held an Initial Appearance on a Warrant for a Supervised Release Violation. On October 19, 2017 the Court held a Final Revocation Hearing. Defendant Fussner appeared in person and with his appointed counsel Barry Blackard. The government appeared by Todd Shellenbarger, Assistant United States Attorney. United States Probation and Parole appeared by Officer Katrina Sanders. The Court conducted th..
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REPORT AND RECOMMENDATION
MATTHEW P. BROOKMAN, Magistrate Judge.
On October 2, 2017, the Court held an Initial Appearance on a Warrant for a Supervised Release Violation. On October 19, 2017 the Court held a Final Revocation Hearing. Defendant Fussner appeared in person and with his appointed counsel Barry Blackard. The government appeared by Todd Shellenbarger, Assistant United States Attorney. United States Probation and Parole appeared by Officer Katrina Sanders.
The Court conducted the following procedures in accordance with Fed. R. Crim. P. 32.1(a)(1) and 18 U.S.C. § 3583:
1. After being placed under oath, Defendant Fussner admitted to violation #1 and portions of violation #2.
2. The allegations to which Defendant admitted, as fully set forth in the petition, are:
Violation Number Nature of Noncompliance
1 "The defendant shall refrain from excessive use of alcohol and shall not
purchase, possess, use, distribute, or administer any controlled substance or
any paraphernalia related to any controlled substances, except as prescribed
by a physician."
The offender tested positive for amphetamine use on 6/7/17, 7/7/17, 7/11/17,
7/27/17, 8/4/17, 8/17/17, 8/30/17, and 9/5/17. On 6/7/17, the offender also
tested positive for cocaine.
2 "The defendant shall participate in a program of testing and/or treatment for
substance abuse and shall pay a portion of the fees of treatment as directed by
the probation officer."
The offender failed to report for drug testing on 6/28/17, 7/5/17, 7/12/17,
7/14/17, and 7/19/17.
With respect to the advisory guidelines, 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 21-27 months' imprisonment.
The parties jointly recommended a sentence of 21 months in the Federal Bureau of Prisons 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 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 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.
