USA v. AUSTIN

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
)
v. 	) 	Cause No. 	1:19-cr-00359-JMS-TAB
)
JAMES LEE AUSTIN, 	) 	- 01
)
Defendant. 	)
REPORT AND RECOMMENDATION
On February 4, 2026, the Court held a hearing on the Petition for Warrant or Summons
for Offender Under Supervision filed on January 13, 2026. Defendant appeared in person with
his appointed counsel Dominic Martin. The government appeared by Barry Glickman, Assistant
United States Attorney. U. S. Parole and Probation appeared by Officer Jamie Roberts.
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 of his rights and provided him with a copy of the
petition. [Docket No. 78.] Defendant orally waived his right to a preliminary hearing.
2. 	After being placed under oath, Defendant admitted violation number 1. [Docket
No. 78.] 	Government orally moved to withdraw the remaining violations 2 and 3, which motion
was granted by the Court.
3. 	The allegations to which Defendant admitted, as fully set forth in the petition, are:
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Violation
Number 	Nature of Noncompliance
1 	"You shall not use or possess any controlled substance prohibited by
applicable state or federal law, unless authorized to do so by a valid
prescription from a licenses medical practitioner. You shall follow the
prescription instructions regarding frequency and dose."
As previously reported to the Court, On March 14, 2024, Mr. Austin
submitted a urine drug sample that returned positive for cannabiniods. He
admitted to using a vape product containing cannibinoids.
4. 	The parties stipulated that:
(a) 	The highest grade of violation is a Grade C violation.
(b) 	Defendant’s criminal history category is V1.
(c) 	The range of imprisonment applicable upon revocation of supervised
release, therefore, is 8 to 14 months’ imprisonment.
5. 	The parties jointly recommended a sentence of 11 months with no supervised
release to follow. Defendant requested placement at FCI – Terre Haute.
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 11 months with no supervised release to
follow. The Magistrate Judge will make a recommendation of placement at FCI – Terre Haute.
The Defendant is to be taken into custody immediately pending the District Judge’s action on
this Report and Recommendation.
Defendant reviewed the above noted conditions with his attorney.
The parties are hereby notified that the District Judge may reconsider any matter assigned
to a Magistrate Judge.
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The parties waived the fourteen-day period to object to the Report and Recommendation.
Distribution:
All ECF-registered counsel of record via email generated by the court’s ECF system
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Date: 2/5/2026
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