USA v. TURNER et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
)
v. 	) 	No. 1:20-cr-00079-JPH-MJD
)
WAYNE TURNER, 	) 	-01
)
Defendant. 	)
ORDER ADOPTING REPORT AND RECOMMENDATION
Magistrate Judge Mark J. Dinsmore has entered a Report and
Recommendation, dkt. 148, recommending that the Court revoke Mr.
Turner's supervised release and sentence him to time served with one year of
supervised release to follow. 	The parties have had the opportunity to object
but have not done so. 	See Fed. R. Crim. P. 59(b)(2); 28 U.S.C. § 636(b)(1)(C).
The Court has considered and now ADOPTS the Report and
Recommendation and all findings therein, dkt. [148]. 	The Court now
ORDERS that Wayne Turner's supervised release is therefore REVOKED,
dkt. [136], and Mr. Turner is sentenced to time served with one year of
supervised release to follow. 	Violations number 1, 3, and 4 are DISMISSED.
The following condition of supervised release are imposed:
1. 	You shall report to the probation office in the federal judicial
district to which you are released within 72 hours of release from
the custody of the Bureau of Prisons.
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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 or consent, and shall permit confiscation of any
contraband observed in plain view of the probation officer.
4. 	You shall not knowingly leave the federal 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 who lives
there, job positions, job responsibilities). When prior notification
is not possible, you shall notify the probation officer within 72
hours of the change.
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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 make a good faith effort to follow instructions of the
probation officer necessary to ensure compliance with the
conditions of supervision.
Justification: Conditions 1-11 are considered administrative in nature and
will enable the probation officer to effectively supervise the offender within
the community
12. 	You shall participate in a mental health treatment program, as
approved by the probation officer, and abide by the rules and
regulations of that program. The probation officer, in
consultation with the treatment provider, shall supervise
participation in the program (provider, location, modality,
duration, intensity, etc.). You shall take all mental health
medications that are prescribed by your treating physician. The
court authorizes the release of the presentence report and
available evaluations to the treatment provider, as approved by
the probation officer.
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13. 	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.
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 not knowingly purchase, possess, distribute,
administer, or otherwise use any psychoactive substances (e.g.,
synthetic marijuana, bath salts, Spice, glue, etc.) that impair a
person’s physical or mental functioning, whether or not intended
for human consumption.
16. 	You shall not use or possess alcohol.
17. 	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.
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18. 	You shall pay the costs associated with the following imposed
conditions of supervised release, to the extent you are financially
able to pay: substance abuse testing and treatment and mental
health treatment. The probation officer shall determine your
ability to pay and any schedule of payment.
Justification: Conditions 12-18 are recommended to promote compliance
with a drug and alcohol-free lifestyle and address the offender's mental
health history.
19. 	You shall provide the probation officer access to any requested
financial information and shall authorize the release of that
information to the U.S. Attorney’s Office for use in connection
with the collection of any outstanding fines and/or restitution.
20. 	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 or 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
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officer. You shall warn other occupants these locations may be
subject to searches.
Justification: Conditions 19-20 will assist the probation officer in monitoring
the offender for the protection of the community.
SO ORDERED.
Distribution:
All Electronically Registered Counsel
Electronic Notice to USPO
Electronic Notice to USM-C
Date: 1/9/2026
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