USA v. BUCHANAN

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
)
v. 	) 	No. 1:02-cr-00046-JPH-MJD
)
JESSE T. BUCHANAN, 	) 	-01
)
Defendant. 	)
ORDER ADOPTING REPORT AND RECOMMENDATION
Magistrate Judge Mark J. Dinsmore has entered a Report and
Recommendation, dkt. 168, recommending that the Court revoke Mr.
Buchanan's supervised release and sentence him to 8 months' imprisonment
with no supervised release to follow. The parties have had the opportunity to
object but have not done so. See Fed. R. Crim. P. 59(b)(2); 28 U.S.C. §
636(b)(1)(C). Mr. Buchanan's counsel has submitted two letters written by
Mr. Buchanan, dkts. 169, 172, in which Mr. Buchanan seeks placement in a
halfway house or home detention in lieu of incarceration.
This request is inconsistent with the sentence that the parties jointly
recommended—eight months' incarceration with no term of supervised
release. Dkt. 168 at 2. The Court has listened to an audio recording of the
supervised release violation hearing. The Court concludes that the sentence
recommended by Magistrate Judge Dinsmore is, in fact, the sentence that the
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parties agreed to as reflected by their statements at the supervised release
revocation hearing. The jointly recommended sentence is at the low-end of
the applicable advisory Guidelines' range and does not include any
supervision to follow. The record reflects that in reaching this resolution, Mr.
Buchanan admitted to Violation No. 4 and the Government dismissed
Violation Nos. 1, 2, and 3. The Court finds the recommended sentence
sufficient but not greater than necessary under 18 U.S.C. § 3553(a), and
declines to order or recommend placement at a halfway house or home
detention in lieu of incarceration as requested by Mr. Buchanan.
Therefore, the Court has considered and now ADOPTS the Report and
Recommendation and all findings therein, dkt. [168]. The Court now
ORDERS that Jesse T. Buchanan's supervised release is therefore
REVOKED, dkt. [143], and Mr. Buchanan is sentenced to the custody of the
Attorney General or his designee for imprisonment of 8 months with no
supervised release to follow. Violations numbers 1, 2, and 3 are DISMISSED.
SO ORDERED.
Distribution:
All Electronically Registered Counsel
Electronic Notice to USPO
Electronic Notice to USM-C
Date: 12/16/2025
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