Opinion
1:17-cr-0237-JPH-DML-01
02-03-2022
UNITED STATES OF AMERICA, Plaintiff, v. ISHIAH JORDAN BETHEA, Defendant.
REPORT AND RECOMMENDATION
Mario Garcia United States Magistrate Judge
On February 2, 2022, the Court held a hearing on the Petitions for Warrant or Summons for Offender Under Supervision filed on July 21, and November 30, 2021. Defendant Bethea appeared in person with his appointed counsel William Dazey. The government appeared by Jeff Preston, Assistant United States Attorney. U.S. Parole and Probation appeared by Officer Troy Adamson.
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 Bethea of his rights and provided him with a copy of the petition. Defendant Bethea orally waived his right to a preliminary hearing.
2. After being placed under oath, Defendant Bethea a admitted violation numbers 2, 3, and 4. [Docket Nos. 46, and 50.] Government orally moved to withdraw the remaining violation, which motion was granted by the Court
3. The allegations to which Defendant admitted, as fully set forth in the petition, are:
| Violation Number | Nature of Noncompliance |
| 2 | “You must refrain from any unlawful use of a controlled substance.” As previously reported to the Court, on April 16, 27, and June 8, 2021, Mr. Bethea submitted urine samples which tested positive for cocaine. He admitted using the substance on those dates. |
| 3 | “You shall participate in a cognitive behavioral program, such as Moral Reconation Therapy (MRT), at the direction of the probation officer and abide by the rules of the program.” On May 14, 2021, the Court modified the offenders conditions of supervision to include participation in a MRT program. This officer has provided him the contact information, but he has not made any attempt to enroll in the program. |
| 4 | “The defendant shall not commit another federal, state or local crime.” On November 26, 2021, Mr. Bethea was charged in Marion County, Indiana, with resisting law enforcement, a misdemeanor, in 49D21-2111- CM-036054. According to the police report, officers received information Mr. Bethea was at a residence on Houston Street in Indianapolis, Indiana. Law enforcement had been looking for him for both a federal violation warrant and a Marion County felony warrant for a new violent offense. Officers observed the offender looking out of the window of the residence; however, he refused to come out. A short time later, officers heard a window breaking and observed Mr. Bethea exiting a window and running from the scene. Mr. Bethea refused to comply with verbal commands to stop by uniformed officers. One officer deployed his taser and the offender was subsequently taken into custody without further incident. |
4. The parties stipulated that:
(a) The highest grade of violation is a Grade B violation.
(b) Defendant's criminal history category is III.
(c) The range of imprisonment applicable upon revocation of supervised release, therefore, is 8 to 14 months' imprisonment.
5. The government argued for a sentence of fourteen (14) months with no supervised release to follow. The defendant argued for a sentence of twelve (12) months and one (1) day with no supervised release to follow. The 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 ten (10) months with twelve (12) 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 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 residence occupants, 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.
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 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 considered administrative in nature and will enable the probation officer to effectively supervise the offender within the community.
14. 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.).
15. 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.
16. 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.
17. 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.
18. 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.
Justification: Conditions 14-18 are recommended based on the offender's history of substance abuse and court ordered financial obligations.
Defendant reviewed the above noted conditions with his attorney.
Defendant Betha is to be taken into custody immediately pending the District Judge's action on this Report and Recommendation. The Magistrate Judge will make a recommendation of placement at FCI Terre Haute.
The parties are hereby notified that the District Judge may reconsider any matter assigned to a Magistrate Judge. The parties have fourteen days after being served a copy of this Report and Recommendation to serve and file written objections with the District Judge.