1:19-cr-00359•USA v. AUSTIN
Texte intégral
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: Case 1:19-cr-00359-JMS-TAB Document 86 Filed 02/05/26 Page 1 of 3 PageID #: <pageID>
2 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. Case 1:19-cr-00359-JMS-TAB Document 86 Filed 02/05/26 Page 2 of 3 PageID #: <pageID>
3 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 Mar i oGar ci a Uni t edSt at esMagi s t r at eJ udge Sout her nDi s t r i ctofI ndi ana Date: 2/5/2026 Case 1:19-cr-00359-JMS-TAB Document 86 Filed 02/05/26 Page 3 of 3 PageID #: <pageID>
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