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United States v. Evans

United States District Court, D. Rhode Island

December 16, 2019

UNITED STATES OF AMERICA
v.
ROBERT EVANS

          REPORT AND RECOMMENDATION

          PATRICIA A. SULLIVAN, UNITED STATES MAGISTRATE JUDGE.

         This matter has been referred to me pursuant to 28 U.S.C. § 636(b)(1)(B) and 18 U.S.C. § 3401(i) for proposed findings of fact concerning whether Defendant Robert Evans is in violation of the terms of his supervised release and, if so, for recommended disposition. In compliance with that directive and in accordance with 18 U.S.C. § 3583(e) and Fed. R. Crim. P. 32.1, on May 16, 2019, Defendant appeared initially on the original petition and was released on the previous conditions with the additional bail conditions that he refrain from alcohol use and submit to RF monitoring; the matter was continued to June 11. Based on a positive drug screen on May 16, and on his June 2, 2019, arrest for disorderly conduct, the petition was amended and Defendant was detained as of June 4, 2019. On June 11, 2019, Defendant was advised of the new violations. At his request, the matter was repeatedly continued until December 10, 2019, when he appeared, waived a violation hearing and admitted that he had committed the charged violations.

         Based on Defendant's admissions, the parties' joint recommendation and the following analysis, I recommend that the Court impose a sentence of twelve months and one day of incarceration, followed by a three-year term of supervised release. I further recommend that, while on supervised release, Defendant be required to comply with the following conditions:

The defendant shall reside at a Residential Re-entry Center, preferably the Houston House in Pawtucket, Rhode Island, for the first six months of supervised release. While at said facility, the defendant shall comply with all the policies, procedures, and regulations therein.
The defendant shall participate in a manualized behavioral program as directed by the USPO. Such program may include group sessions led by a counselor or participating in a program administered by the USPO. The defendant shall contribute to the costs of such treatment based on ability to pay as determined by the USPO.
The defendant shall participate in a program of mental health treatment as directed and approved by the USPO. The defendant shall contribute to the costs of such treatment based on ability to pay as determined by the USPO.
The defendant shall participate in a program of substance abuse treatment as directed and approved by the USPO. The defendant shall contribute to the costs of such treatment based on ability to pay as determined by the USPO.
The defendant shall participate in a program of substance abuse testing (up to 72 drug tests per year) as directed and approved by the USPO. The defendant shall contribute to the costs of such testing based on ability to pay as determined by the USPO.
The defendant shall abstain from the use of alcohol.
The defendant shall permit the probation officer, who may be accompanied by either local, state, or federal law enforcement authorities, upon reasonable suspicion of a violation of supervision, to conduct a search of the defendant's residence, automobile, and any other property under the defendant's control or ownership.

         I. BACKGROUND

         On May 3, 2019, the Court granted the Probation Office's petition for the issuance of a warrant charging Defendant with the following violations:

Violation No. 1: The defendant shall not commit another federal, state, or local crime.
On April 30, 2019, at 1:28 a.m., Mr. Evans committed the offenses of driving under the influence-1st offense, assault and battery on police officer, assault with dangerous weapon, resist arrest, threat to commit crime and marked lanes violation, as evidenced by his arrest by the Northbridge Police Department on April 30, 2019.
Violation No. 2: The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of release from imprisonment or placement on probation and at least two periodic drug tests thereafter.
The defendant used cocaine, as evidenced by a positive drug test on April 1, 2019.
Violation No. 3: The defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or any paraphernalia related to any controlled ...

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