USA v. DIVINE

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
NEW ALBANY DIVISION
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
)
v. 	) 	Cause No. 4:14-cr-2-TWP-VTW
)
SCOTT L. DIVINE, 	)
)
Defendant. 	)
REPORT AND RECOMMENDATION
On December 16, 2025, the Court held a hearing on the Petition for Warrant or Summons
for Offender Under Supervision filed on December 4, 2025 (Dkt. 44). Defendant Scott L. Divine
appeared in person with his appointed counsel Jennifer Culotta. The government appeared by
Kathryn Olivier, Assistant United States Attorney, via telephone. U. S. Probation appeared by
Officer Ariene Boren.
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 Mr. Divine of his rights and provided him with a copy of the
petition.
2. 	After being placed under oath, Mr. Divine admitted Violation Number 2 (Dkt.
44). 	Government orally moved to withdraw Violation Number 1, which motion was granted by
the Court. The Government also stipulated that it would not refile Violation Number 1 even if
Mr. Divine is convicted in Jackson County State Court.
3. 	The allegations to which Mr. Divine admitted, as fully set forth in the petition,
are:
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Violation
Number 	Nature of Noncompliance
2 	"The defendant shall not possess/use a computer unless he agrees to
comply with the Computer Restriction and Monitoring Program at the
direction of the probation officer Monitoring will occur on a random
or regular basis. The defendant shall advise the probation office of all
computers available to him for use. Any computer or Internet-enabled
device the defendant is found to have used and has not disclosed shall
be considered contraband and may be confiscated by the probation
officer. The defendant shall warn other occupants of the existence of
the monitoring software placed on his computer."
Scott Divine admitted to law enforcement that in October 2025, he
purchased a smart phone with Internet access. He used the smart phone to
engage in acts of public nudity. He did not report this device to his
supervising officer nor have permission to obtain an Internet device.
4. 	The parties stipulated that:
(a) 	The highest grade of violation is a Grade C violation.
(b) 	Defendant’s criminal history category is II.
(c) 	The range of imprisonment applicable upon revocation of supervised
release, therefore, is 6 to 12 months’ imprisonment.
5. 	The parties jointly recommended a sentence of 8 months' imprisonment.
Thereafter, Mr. Divine will serve 9 months of supervised release according to the conditions
outlined in the Revocation Parameters Worksheet.
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 8 months with 9 months of supervised release to
follow. In addition to the mandatory conditions of supervision, the following conditions of
supervised release will be imposed:
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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.
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.
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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 1-13: These are administrative conditions.
14. 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
Justification 14: The offender has a history of substance abuse as noted in his
criminal history. Substance abuse testing would ensure the offender's sobriety and
hold him accountable while on supervision.
15. You shall not have unsupervised meetings, activities, or visits, or intentional
communications with any minor unless they have been disclosed to the probation
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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.
16. 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.
17. You shall not participate in unsupervised meetings, intentional communications,
activities, or visits with persons you know to be a 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.
18. You shall not engage in any meetings, communications, activities, or visits with any
of the victim(s) involved in this case or members of the family of such victim(s)
without prior approval from the court
19. You shall not enter or remain at a place for the primary purpose of observing or
contacting children under the age of 18.
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20. You shall not possess any child pornography or visual depictions of child erotica or
nude minors. 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 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.
23. The defendant shall register as a sex offender with the appropriate authorities of any
state in which he resides, is employed, or attends school.
Justification 15-23: These are sex-offense related conditions that would ensure the
offender is not posing a risk to the community. The sex offender registry condition
would offer additional layer of supervision to the offender and offer assurance to the
community that he is in compliance.
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24. 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 24: A search condition would allow the probation officer to closely
monitor the offender's behavior and address his any non-compliance and is a
measure of community protection.
Defendant reviewed the above noted conditions with his attorney.
The parties are hereby 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 this 18th day of December, 2025.
Distribution:
All ECF-registered counsel of record via email generated by the court’s ECF system
VANWILLIS
UnitedStatesMagistrateJudge
SouthernDistrictofIndiana
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