USA v. KING

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
)
v. 	) 	Cause No. 1:25-cr-0010-TWP-MKK
)
SHELLEY KING, 	) 	- 01
)
Defendant. 	)
REPORT AND RECOMMENDATION
On February 19, 2026, the Court held a hearing on the Petition for Warrant
or Summons for Offender Under Supervision filed on January 5, 2026. Defendant
King appeared in person with his appointed counsel William Dazey. The
government appeared by Jayson McGrath, Assistant United States Attorney. The
U. S. Probation Office appeared by Officer Travis Buehrer.
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 King of his rights and provided him with
a copy of the petition. Defendant King orally waived his right to a preliminary
hearing.
2. 	After being placed under oath, Defendant King admitted Violation #s 2
and 3. [Dkt. 15.] The government orally moved to dismiss Violation #1; said motion
was granted. Violation #1 dismissed.
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3. 	The allegations to which Defendant admitted, as fully set forth in the
petition, are:
Violation
Number 	Nature of Noncompliance
2 	“The defendant shall not unlawfully possess a controlled
substance. The defendant shall refrain from any unlawful
use of a controlled substance.”
On January 5 and 7, 2025, February 27, 2025, March 3, 2025,
April 17 and 29, 2025, May 12, 21 and 27, 2025, and June 9, 2025,
Mr. 	King 	submitted 	urine 	samples 	that 	tested 	positive 	for
marijuana. He admitted to use on January 7, 2025, March 3,
2025, and May 12, 2025, stating his consistent use for a period of
five months.
3 	“The defendant shall pay any financial penalties imposed
which are due and payable immediately. If the defendant
is unable to pay them immediately, any amount remaining
unpaid when supervised release commences will become
a 	condition 	of 	supervised 	release 	and 	be 	paid 	in
accordance with the Schedule of Payments sheet of the
judgment based on the defendant’s ability to pay.”
Mr. King has failed to remit a payment since his release from
custody in December 2024. The account is currently twelve
months in arrears with an outstanding balance of $36,834.71.
4. The parties stipulated that:
(a) The highest grade of violation is a Grade C violation.
(b) Defendant’s criminal history category is V.
(c) The advisory range of imprisonment applicable upon revocation
of supervised release, therefore, is 7 to 13 months’
imprisonment.
The parties jointly recommended a sentence of time served with 24
months of supervised release to follow.
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The Magistrate Judge, having considered the relevant factors in 1 U.S.C. § 3553(a),
see 18 U.S.C. § 3583(e), 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 her designee for a period of Time Served with 24 months of supervised release to
follow. In addition to the mandatory conditions of supervision, the following
conditions of supervised release will be imposed:
1. 	You shall report to the probation office in the judicial 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
or 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 without the permission
of the court or 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 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.
13. 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 - 13 are administrative.
14. You shall pay the costs associated with the following imposed conditions of
supervised release/probation, to the extent you are financially able to pay:
Substance Abuse Treatment and Testing. The probation officer shall
determine your ability to pay and any schedule of payment.
15. 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.
16. 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.
17. You shall submit to substance abuse testing to determine if you have used
a prohibited substance or to determine compliance with substance abuse
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treatment. Testing may include no more than 8 drug tests per month. You
shall not attempt to obstruct or tamper with the testing methods.
18. You shall not use or possess alcohol.
19. 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.
JUSTIFICATION: Conditions 14 - 19 are requested to address Mr.
King's well documented substance abuse.
20. 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.
21. You shall not incur new credit charges, or open additional lines of credit
without the approval of the probation officer.
JUSTIFICATION: Conditions 20 and 21 are requested to assist with the
recovery of the outstanding restitution in the original Judgment.
22. 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 officer. You shall warn other occupants these
locations may be subject to searches.
JUSTIFICATION: Search is requested to assist with ensuring community
safety in regard to Mr. King's history of drug use and violence.
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The Defendant reviewed the foregoing conditions with his attorney.
Defendant, on the record, waived reading of the above-noted conditions of
supervised release.
The Defendant is to be released 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 waived the fourteen-day period
to object to the Report and Recommendation.
So RECOMMENDED.
Date: 02/24/2026
Distribution:
All ECF-registered counsel of record via email generated by the court’s ECF system
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