USA v. OFFUTT

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
)
v. 	) 	Cause No. 1:18-cr-0137-JRS-TAB
)
ANTONIO L. OFFUTT, 	) 	- 01
)
Defendant. 	)
REPORT AND RECOMMENDATION
On December 3, 2025, the Court held a hearing on the Petition for Warrant or Summons
for Offender Under Supervision filed on November 24, 2025. Defendant Offutt appeared in
person with his appointed counsel Joseph Cleary. The government appeared by Lindsay
Karwoski, Assistant United States Attorney. U.S. Parole and Probation appeared by Officer
Travis Buehrer.
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 Offutt of his rights and provided him with a copy of
the petition. Defendant Offutt orally waived his right to a preliminary hearing and opted to
proceed to a revocation hearing.
2. 	After being placed under oath, Defendant Offutt admitted Violation Number 1.
[Docket No. 55.] Government orally moved to withdraw the remaining violations, which motion
was granted by the Court; Violation Nos. 2 and 3 dismissed.
3. 	The allegation to which Defendant admitted, as set forth in the petition, is:
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Violation
Number 	Nature of Noncompliance
1 	"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."
On May 21, 2025, June 20, 2025, August 20 and 29, 2025, and September
15 and 24, 2025, Mr. Offutt submitted urine samples that tested positive
for marijuana.
Defendant admitted to using marijuana during said period.
4. 	The parties stipulated that:
(a) 	The highest grade of violation is a Grade C violation.
(b) 	Defendant’s criminal history category is VI.
(c) 	The range of imprisonment applicable upon revocation of supervised
release, therefore, is 8 to 14 months’ imprisonment.
5. 	The government recommended a sentence of 12 months' incarceration with 24
months of supervised release to follow. Defendant's counsel argued for a sentence below the
guideline range.
The Magistrate Judge, having considered the relevant factors in 18 U.S.C. § 3553(a), see
18 U.S.C. § 3583(e), 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 her designee for a period of 5 months with
24 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 judicial district to which you are
released within 72 hours of release from the custody of the Bureau of Prisons.
(Supervised Release cases only)
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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
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.
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.
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 administrative.
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14. You shall pay the costs associated with the following imposed conditions of
supervised release/probation, to the extent you are financially able to pay: substance
abuse treatment and testing. The probation officer shall determine your ability to pay
and any schedule of payment.
15. 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.). The court authorizes the release of the presentence
report and available evaluations to the treatment provider, as approved by the
probation officer.
16. 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.
17. 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.
18. You shall not knowingly purchase, possess, distribute, administer, or otherwise use
any psychoactive substances (e.g., synthetic marijuana, bath salts, Spice, glue, etc.)
that impair a person’s physical or mental functioning, whether or not intended for
human consumption.
JUSTIFICATION: Conditions 14 - 18 will address the defendant's well documented
substance abuse issues.
19. 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: Searches assist in ensuring community safety in cases that involve
firearms and drugs.
Defendant reviewed the above noted conditions with his attorney and waived the reading of the
conditions.
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Defendant is to be taken into custody immediately pending the District Judge’s action on
this Report and Recommendation.
The parties were 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.
Date: 12/05/2025
Distribution:
All ECF-registered counsel of record via email generated by the court’s ECF system
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