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United States of America v. Corey James Baker

January 23, 2012

UNITED STATES OF AMERICA
v.
COREY JAMES BAKER



The opinion of the court was delivered by: Alice R. Senechal U.S. Magistrate Judge

REPORT AND RECOMMENDATION

An Amended Petition (Doc. 136) alleges that Corey James Baker violated several conditions of his supervised release. The petition was referred to this Court for hearing, and for preparation of this Report and Recommendation. (Doc. 142)

At a January 17, 2012 hearing, Baker admitted to each of the allegations of the petition. The parties agree that a requirement that Baker spend time at a residential re-entry center is an appropriate sanction, but differ on details of that placement. This Court recommends that Baker be required to complete a placement of up to twelve months at a facility determined by the supervising probation officer, and that he be required to participate in a drug and alcohol treatment program while there.

FACTS

In 2002, Baker was ordered to serve 121 months in custody, followed by five years of supervised release, as a result of a drug crime. He began his supervised release term on July 13, 2010. Baker did well his first year on supervised release. He lived in Fargo, maintained employment, followed an addiction recovery plan, and contacted his supervising probation officer regularly.

In July 2011, Baker moved from Fargo to the Spirit Lake Reservation. He has had only sporadic contact with the supervising probation officer since leaving Fargo. He has reported for few drug tests, and has had two tests that were presumed positive for amphetamines. He has not been employed, or worked to complete his community service obligation.

The Amended Petition alleges:

* failure to submit to drug testing,

* failure to complete community service,

* failure to provide employment verification,

* failure to report to the supervising probation officer,

* testing positive for marijuana when arrested on January 4, 2012, and

* having an outstanding Benson County warrant for failure to pay child support.

At the hearing, Baker admitted to each of the allegations. He addressed the court personally, and stated that he recognized that he had not given the Devils Lake supervising probation officer a chance to work with him. He identified family issues as the reason for his move from Fargo to Spirit Lake. He stated a desire to stay in the Spirit ...


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