USA v. WHEELER

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
TERRE HAUTE DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
JOSHUA WHEELER (01),
Defendant.
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Cause No. 2:19-cr-00010-JMS-CMM
ORDER ADOPTING REPORT AND RECOMMENDATION
Having reviewed Magistrate Judge Craig McKee's Report and Recommendation dkt. [66]
recommending that Joshua Wheeler's supervised release be revoked, pursuant to Title 18 U.S.C.
'3401(i), Rule 32.1(a)(1) Federal Rules of Criminal Procedure and Title 18 U.S.C. '3583, and with
no objections being filed, the Court APPROVES and ADOPTS Magistrate Judge McKee's
Report and Recommendation dkt. [66]. The Court finds that Mr. Wheeler committed Violation
Numbers 1, 2 and 3 as alleged by the U.S. Probation Office in its Petition for Warrant or Summons
for Offender under Supervision dkt [53]. 	The Court now orders that the defendant's supervised
release shall be reinstated to a continued term of the original imposed sentence of supervised
release. This matter was intentionally held over for six months to extend an opportunity to Mr.
Wheeler to seek and complete in-patient rehabilitation. Probation office reports that his treatment
to date has been successful and further that he has complied with the directives of that office. He
currently resides in a “sober living” facility at Vincennes. He is employed. All drug screens,
including 	this date, 	have been 	clean. 	The Court 	praises 	and 	hopes 	that 	Mr. 	Wheeler’s
accomplishments in the last six months will continue indefinitely. Mr. Wheeler shall remain under
supervision.
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In addition to the mandatory conditions of supervision, the following conditions of supervised
release be imposed:
1. You shall report to the probation office in the district to which you are released within 72 hours
of release from the custody of the Bureau of Prisons.
2. You shall report to the probation officer in a manner and frequency directed by the court or
probation officer.
3. You shall permit a probation officer to visit you at a reasonable time at home, or another place
where the officer may legitimately enter by right of consent, and shall permit confiscation of any
contraband observed in plain view of the probation officer.
4. You shall not knowingly leave the judicial district where you are being supervised without the
permission of the supervising court/probation officer.
5. You shall answer truthfully the inquiries by the probation officer, subject to your 5th
Amendment privilege.
6. You shall not meet, communicate, or otherwise interact with a person you know to be engaged,
or planning to be engaged, in criminal activity. You shall report any contact with persons you
know to be convicted felons to your probation officer within 72 hours of the contact.
7. You shall reside at a location approved by the probation officer and shall notify the probation
officer at least 72 hours prior to any planned change in place or circumstances of residence or
employment (including, but not limited to, changes in residence occupants, job positions, job
responsibilities). When prior notification is not possible, you shall notify the probation officer
within 72 hours of the change.
8. You shall not own, possess, or have access to a firearm, ammunition, destructive device or
dangerous weapon.
9. You shall notify the probation officer within 72 hours of being arrested, charged, or questioned
by a law enforcement officer.
10. You shall maintain lawful full-time employment, unless excused by the probation officer for
schooling, vocational training, or other reasons that prevent lawful employment.
11. You shall not enter into any agreement to act as an informer or a special agent of a law
enforcement agency without the permission of the court.
12. As directed by the probation officer, you shall notify third parties who may be impacted by the
nature of the conduct underlying your current or prior offense(s) of conviction and/or shall permit
the probation officer to make such notifications and/or confirm your compliance with this
requirement.
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13. You shall make a good faith effort to follow instructions of the probation officer necessary to
ensure compliance with the conditions of supervision.
14. 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.
15. 	You shall submit to substance abuse testing to determine if you have used a prohibited
substance or to determine compliance with substance abuse treatment. Testing may include no
more than 8 drug tests per month. You shall not attempt to obstruct or tamper with the testing
methods.
16. You shall participate in a substance abuse or alcohol treatment program approved by the
probation officer and abide by the rules and regulations of that program. The probation officer
shall supervise your participation in the program (provider, location, modality, duration, intensity,
etc.). The court authorizes the release of the presentence report and available evaluations to the
treatment provider, as approved by the probation officer.
17. You shall submit to the search by the probation officer of your person, vehicle, office/business,
residence, and property, including any computer systems and hardware of software systems,
electronic devices, telephones, and Internet-enabled devices, including the data contained in any
such items, whenever the probation officer has a reasonable suspicion that a violation of a
condition of supervision or other unlawful conduct may have occurred or be underway involving
you and that the area(s) to be searched may contain evidence of such violation or conduct. Other
law enforcement may assist as necessary. You shall submit to the seizure of contraband found by
the probation officer. You shall warn other occupants these locations may be subject to searches.
Distribution:
All ECF-registered counsel of record via email generated by the court’s ECF system
Date: 10/15/2026
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