USA v. ABAIR

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
)
v. 	) 	No. 1:24-cr-00035-JPH-TAB
)
DEVERE L. ABAIR, 	) 	-01
)
Defendant. 	)
ORDER ADOPTING REPORT AND RECOMMENDATION
Pursuant to 18 U.S.C. § 3401(i) and 18 U.S.C. § 3583(e), the Court
ADOPTS Magistrate Judge Mark J. Dinsmore's Report and Recommendation
and all findings therein, dkt. [54]. The Court now ORDERS that Devere L. Abair's
supervised release is therefore REVOKED, dkt. [40] and [45], and Mr. Abair is
sentenced 	to 	the 	custody 	of 	the 	Attorney 	General 	or 	his 	designee 	for
imprisonment of 12 months with 9 years of federal supervision to follow.
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.
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
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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.
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.
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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. "Third party who may be impacted" means both (1) any
individual who has regular and frequent contact with the defendant and
has care, custody, or control over a minor, such the defendant may have
contact with the minor and (2) any entity where minors frequent, such as
the defendant’s employment or volunteer activities.
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 considered administrative in nature
and will enable the probation officer to effectively supervise the offender
within the community.
14. 	You shall pay the costs associated with the following imposed
conditions of supervised release, to the extent you are financially able to
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pay: psychosexual treatment, polygraph testing, and computer
monitoring systems. The probation officer shall determine your ability to
pay and any schedule of payment.
Justification: This condition will ensure the offender is invested in his
treatment and success with supervision.
15. 	All employment shall be approved in advance by the probation
officer.
16. 	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.
17. 	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.
18. 	You shall not participate in unsupervised meetings, intentional
communications, activities, or visits with persons you know to be a
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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.
19. 	You shall not enter or remain at a place for the primary purpose of
observing or contacting children under the age of 18.
20. 	You shall not possess any child pornography or visual depictions of
child erotica, or knowingly or intentionally possess visual depictions of
nude minors for the purpose of sexual stimulation or gratification. Any
such material found in your possession shall be considered contraband
and will be confiscated by the probation officer.
21. 	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.
22. 	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
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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: Conditions 15-22 are necessary to protect the community
given the nature of the instant offense, as well as the offender's lack of
impulse control while on supervision.
23. 	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: Given the offender's conviction for possession of child
pornography, as well as his impulse control issues while on supervised
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release, this condition is necessary to hold him accountable for his
actions, as well as to provide a protective measure to the community.
SO ORDERED.
Distribution:
All Electronically Registered Counsel
Electronic Notice to USPO
Electronic Notice to USM-C
Date: 6/9/2026
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