USA v. CRUZ-RIVERA

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
)
v. 	) 	Cause No. 	1:21-cr-160-TWP-KMB
)
ROBERTO CRUZ-RIVERA, 	) 	- 01
)
Defendant. 	)
REPORT AND RECOMMENDATION
On March 10, 2026, the Court held a hearing on the Petition for Warrant or Summons for
Offender Under Supervision filed on July 3, 2025. Defendant appeared in person with his
standby CJA counsel Stacy Uliana. The government appeared by Adam Eakman, Assistant
United States Attorney. U. S. Parole and Probation appeared by Officer Justin Meier.
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 of his rights and ensured he had a copy of the
petition. The Court previously found probable cause. [Docket No. 447.]
2. 	A contested revocation and disposition hearing was held.
3. 	The allegations to which the Court heard argument, as fully set forth in the
petition, are:
Violation
Number 	Nature of Noncompliance
1 	"You shall not commit another federal, state, or local crime."
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On June 27, 2025, Mr. Cruz-Rivera was arrested by the Lawrence Police
Department, in Indianapolis, Indiana. Charges were filed on July 1, 2025,
under cause number 49D21-2507-F4-019989. Mr. Cruz-Rivera is charged
with the following:
I: Unlawful Possession of a Firearm by Serious Violent Felon, felony
II: Unlawful Carrying of a Handgun with Prior Felony Conviction within
Last 15 Years, felony
III: Resisting Law Enforcement with a Prior, felony
IV: Leaving the Scene of an Accident - Bodily Injury, misdemeanor
2 	"You shall not own, possess, or have access to a firearm, ammunition,
destructive device or dangerous weapon."
On June 27, 2025, Mr. Cruz-Rivera was arrested by the Lawrence Police
Department and charged formally under cause number 49D21-2507-F4-
019989. According to the Affidavit for Probable Cause, Mr. Cruz-Rivera
was taken into custody after a felony traffic stop was conducted. An
inventory of the vehicle Mr. Cruz-Rivera was driving yielded a Taurus G2C
nine-millimeter handgun, a loose nine-millimeter round, and a second
loaded black magazine.
4. 	The Court finds:
(a) 	The highest grade of violation is a Grade B violation.
(b) 	Defendant’s criminal history category is V.
(c) 	The range of imprisonment applicable upon revocation of supervised
release, therefore, is 18 to 24 months’ imprisonment.
5. 	The government recommended a sentence of 24 months. Defendant argued to be
placed in a work release program.
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 condition number 1, subset II and
III only and condition number 2 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 24 months with 24 months of supervised release to follow, consecutive to any
sentence received in the State Court matter (49D21-2507-F4-019989).
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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.
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 federal judicial district where you are being
supervised without the permission of the supervising court/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 make a good faith effort to follow instructions of the probation officer
necessary to ensure compliance with the conditions of supervision.
12. 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.
13. 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.
Justification: Conditions 1-13 are administrative conditions of supervision and will assist
the probation officer in monitoring the offender in the community.
14. 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
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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: Condition 14 is recommended as it will assist the probation officer in
monitoring the offender's compliance with the law and ensuring protection of the
community.
The Defendant is to be taken into custody immediately pending the District Judge’s
action on this Report and Recommendation.
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.
Distribution:
All ECF-registered counsel of record via email generated by the court’s ECF system
ROBERTO CRUZ-RIVERA
82985
Delaware County Jail
3100 S. Tillotson Avenue
Muncie, IN 47302
PRO SE
Date: 3/12/2026
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