USA v. ADAMS

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
NEW ALBANY DIVISION
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
)
v. 	) 	Cause No. 4:08-cr-9-TWP-VTW
)
JERRY DALE ADAMS, 	)
)
Defendant. 	)
REPORT AND RECOMMENDATION
On November 3, 2025, the Court held a hearing on the Petition for Warrant or Summons
for Offender Under Supervision filed on August 31, 2023 (Dkt. 86) and the Supplemental
Petition for Warrant or Summons for Offender Under Supervision filed on October 16, 2023
(Dkt. 90). Defendant Jerry Dale Adams appeared in person with his appointed counsel Patrick J.
Renn. The government appeared by Todd Shellenbarger, Assistant United States Attorney. U.
S. Probation appeared by Officer Katrina Sanders.
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 Mr. Adams of his rights and provided him with a copy of the
petition at the Initial hearing on the Petitions held on October 28, 2025.
2. 	After being placed under oath, Mr. Adams admitted Violation Numbers 1-2, 4-5
of the Petition (Dkt. 86) and Number 3 as amended in the Supplemental Petition (Dkt. 90).
Government orally moved to withdraw Violation Numbers 6 and 7, which motion was granted
by the Court.
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3. 	The allegations to which Defendant admitted, as fully set forth in the petitions,
are:
Violation
Number 	Nature of Noncompliance
1 	"You shall not possess any child pornography or visual depictions of
child erotica or nude minors. Any such material found in your
possession shall be considered contraband and will be confiscated by
the probation officer."
While monitoring Mr. Adams' smartphone activity, the probation office
observed images of child pornography and child erotica during the month
of August 2023.
2 	"You shall not have unsupervised meetings, activities, or visits, or
intentional communications with any minor unless they have been
disclosed to the probation officer and approved by the court. You shall
not 	have 	supervised 	meetings, 	activities, 	visits, 	or 	intentional
communications with any minor unless they have been approved by the
probation officer. Before you may request approval for such meetings,
activities, 	visits, 	or 	intentional 	communications 	(unsupervised 	or
supervised), you must notify the person(s) having custody of any such
minor(s) about the conviction in this case and the fact that you are
under supervision."
While monitoring Mr. Adams' smartphone activity, the probation office
observed Mr. Adams actively engaging in chats with a profile in which the
respondent indicates she is 17 years old.
3 	"You must not commit another federal, state, or local crime."
Mr. Adams has been charged in Vanderburgh County with Failure to
Register, 	a 	felony. 	Supplemental: 	Mr. 	Adams 	has 	been 	charged 	in
Vanderburgh County Circuit Court Case No. 82C01-2309-F5-005468, with
Possession of Methamphetamine and Failure to Register as a Sex or Violent
Offender, both felony offenses
4 	"You must not unlawfully possess a controlled substance."
On August 30, 2023, the U.S. Probation Office conducted a search of Mr.
Adams' residence. A crystal-like substance was located in the home. This
substance later tested positive for methamphetamine.
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5 	"You shall consent, at the direction of the probation officer, to having
installed on your computer(s), telephone(s), electronic devices, and any
hardware or software, systems to monitor your use of these items.
Monitoring will occur on a random and/or regular basis. You will warn
other occupants or users of the existence of the monitoring hardware
or software. To promote the effectiveness of this monitoring, you shall
disclose in advance all cellular phones, electronic devices, computers,
and any hardware or software to the probation officer and may not
access or use any undisclosed equipment."
On August 30, 2023, the U.S. Probation Office conducted a search of Mr.
Adams' residence. A smartphone was located in the home. This phone was
not disclosed to the U.S. Probation Office and was not approved or
monitored.
4. 	The parties stipulated that:
(a) 	The highest grade of violation is a Grade B violation.
(b) 	Defendant’s criminal history category is I.
(c) 	The range of imprisonment applicable upon revocation of supervised
release, therefore, is 4 to 10 months’ imprisonment.
5. 	The parties jointly recommended a sentence of 18 months in the Bureau of
Prisons. Thereafter, Defendant shall be returned to supervised release for life.
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 18 months of incarceration with supervised
release to follow for life. In addition to the mandatory conditions of supervision, the following
conditions of supervised release will be imposed:
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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. (supervised release
cases only) Justification: This condition is an administrative requirement of supervision.
2. 	You shall report to the probation officer in a manner and frequency directed by the court
or probation officer. Justification: This condition is an administrative requirement of
supervision.
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.
Justification: This condition is an administrative requirement of supervision.
4. 	You shall not knowingly leave the judicial district without the permission of the court or
probation officer. Justification: This condition is an administrative requirement of
supervision.
5. 	You shall answer truthfully the inquiries by the probation officer, subject to your 5th
Amendment privilege. Justification: This condition is an administrative requirement of
supervision.
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. Justification: This condition is aimed at reducing the risk of recidivism
and providing for public safety.
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. Justification: This condition will
assist the probation officer in monitoring the defendant for protection of the community.
8. 	You shall not own, possess, or have access to a firearm, ammunition, destructive device
or dangerous weapon. Justification: This condition will provide for public and officer
safety.
9. 	You shall notify the probation officer within 72 hours of being arrested, charged, or
questioned by a law enforcement officer. Justification: This condition will assist the
probation officer in monitoring the defendant for protection of the community.
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.
Justification: This condition will ensure the defendant maintains gainful employment and
reduce the risk of recidivism.
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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. Justification: This condition will
assist the probation officer in monitoring the defendant for protection of the community.
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. Justification: This condition will reduce the risk to the
community posed by the offense of conviction, as well as the offender’s personal history
and characteristics.
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: This
condition is an administrative requirement of supervision.
14. You shall not have unsupervised meetings, activities, or visits, or intentional
communications with any minor unless they have been disclosed to the probation officer
and approved by the court. You shall not have supervised meetings, activities, visits, or
intentional communications with any minor unless they have been approved by the
probation officer. Before you may request approval for such meetings, activities, visits, or
intentional communications (unsupervised or supervised), you must notify the person(s)
having custody of any such minor(s) about the conviction in this case and the fact that
you are under supervision. Justification: Due to the nature of the offense, this condition is
recommended to protect society.
15. You shall not be employed in any position or participate as a volunteer in any activity
that involves unsupervised meetings, intentional communications, activities, or visits with
minors except as disclosed to the probation officer and approved by the court.
Justification: Due to the nature of the offense, this condition is recommended to protect
society.
16. You shall not participate in unsupervised meetings, intentional communications,
activities, or visits with persons you know to be a registered sex offender or to have been
convicted of a felony sex offense involving an adult or minor, including any child
pornography offense, except as disclosed to the probation officer and approved by the
court. This condition is not intended to prevent you from participating in treatment
programs or religious services with felons in such programs/services so long as the
activity has been disclosed as described above. Justification: Due to the nature of the
offense, this condition is recommended to protect society and reduce the risk of
recidivism.
17. You shall not enter or remain at a place for the primary purpose of observing or
contacting children under the age of 18. Justification: Due to the nature of the offense,
this condition is recommended to protect society and reduce the risk of recidivism.
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18. 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: Due to the nature of the instant offense, this condition is necessary to
ensure the protection of the community by allowing the probation officer to investigate
any reasonable suspicion the offender is engaging in criminal behavior.
19. You shall not possess any child pornography or visual depictions of child erotica or nude
minors. Any such material found in your possession shall be considered contraband and
will be confiscated by the probation officer. Justification: Due to the nature of the
offense, this condition is needed to support the goals of sex offender treatment.
20. You shall participate in a program of treatment for sexual disorders, including periodic
polygraph examinations, as directed by the probation officer. The treatment provider
should determine the type and timing of such polygraph examinations. The court
authorizes the release of the presentence report and available psychological evaluations to
the treatment provider, as approved by the probation officer. Justification: Treatment may
help the offender learn to control his urges in order to refrain from future criminal
behavior. Also, this condition will assist in determining if the offender is maintaining
compliance with the rules of his sex offender counseling.
21. You shall consent, at the direction of the probation officer, to having installed on your
computer(s), telephone(s), electronic devices, and any hardware or software, systems to
monitor your use of these items. Monitoring will occur on a random and/or regular basis.
You will warn other occupants or users of the existence of the monitoring hardware or
software. To promote the effectiveness of this monitoring, you shall disclose in advance
all cellular phones, electronic devices, computers, and any hardware or software to the
probation officer and may not access or use any undisclosed equipment. Justification:
Due to the nature of the instant offense, this condition is necessary to ensure the
protection of the community and ensure compliance of supervision conditions.
22. You shall not have access to or possess any pets. Justification: Based on behavior during
the defendant's term of supervision, this condition was added to protect the community.
Defendant reviewed the above noted conditions with his attorney.
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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 this ____ day of November, 2025.
Distribution:
All ECF-registered counsel of record via email generated by the court’s ECF system
5th
VANWILLIS
UnitedStatesMagistrateJudge
SouthernDistrictofIndiana
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