UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF INDIANA 

HAMMOND DIVISION 

UNITED STATES OF AMERICA, ) 

 Plaintiff, ) 

 ) 

 v. ) CAUSE NO.: 2:13-CR-59-JTM-JPK 

 ) 

BRIAN WASHINGTON, ) 

 Defendant. ) 

FINDINGS AND RECOMMENDATION OF THE MAGISTRATE JUDGE 

UPON A SUPERVISED RELEASE REVOCATION HEARING 

TO: THE HONORABLE JAMES T. MOODY, 

 UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF INDIANA 

 On January 10, 2014, the United States Government appeared by counsel Assistant United 

States Attorney Thomas McGrath. Defendant Brian Washington appeared in person and by 

counsel Patrick Young and in the custody of the United States Marshal. United States Probation 

Officer Ed DiMichele appeared. A supervised release revocation hearing was held. The Court 

received evidence and comments. Based upon the record of proceedings, the Court makes this 

Report and Recommendation. 

 On August 2, 2013, Defendant Brian Washington pled guilty to the charges in Counts 1 

and 2 of the Indictment (distribution of a substance containing crack cocaine, 21 U.S.C. § 

841(a)(1), (b)(1)(B); and possession of a firearm in furtherance of a drug trafficking crime, 18 

U.S.C. § 924(c)). 

 On October 29, 2013, Judge Rudy Lozano sentenced Defendant to a term of imprisonment 

followed by a four-year period of supervised release. 

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 On September 25, 2023, the United States Probation Department filed a Petition for the 

Court to issue a warrant, alleging that Defendant violated the terms of his supervision. On 

September 28, 2023, Defendant was arrested, and an Initial Hearing was held. 

 On January 3, 2024, the parties filed an Agreed Disposition of Supervised Release 

Violations, signed by Defendant, his counsel, Assistant United States Attorney Thomas McGrath, 

and United States Probation Officer Laura Thomas. On January 5, 2024, Judge James T. Moody 

issued an Order referring this case to the undersigned Magistrate Judge to conduct the Supervised 

Release Revocation Hearing, to recommend modification, revocation, or termination of the 

supervised release in this case, and to submit proposed findings and recommendations pursuant to 

18 U.S.C. § 3401(i), 28 U.S.C. § 636(b)(1)(B), and N.D. Ind. Local Rule 72-1. 

 As a result of the January 10, 2014, hearing, the undersigned Magistrate Judge FINDS that: 

 1. Defendant Brian Washington has been advised of his right to remain silent, his right 

to counsel, his right to a supervised release revocation hearing, and his rights in connection with 

such a hearing; 

 2. Defendant understands the proceedings, the allegations, and his rights; and 

 3. Defendant knowingly, freely, voluntarily, and intentionally entered into the 

Amended Agreed Disposition of Supervised Release Violations [DE 87]1

. 

 The undersigned Magistrate Judge RECOMMENDS, pursuant to 28 U.S.C. § 636(b)(3), 

that Judge James T. Moody: 

 1. Accept the Amended Agreed Disposition of Supervised Release Violations and 

adjudge Defendant Brian Washington to have committed the Grade B violation contained in the 

summary report prepared by the Probation Office [DE 79]; and 

1

 The parties signed an amended disposition to correct a scrivener’s error identified at the hearing. See [DE 86, 87]. 

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 2. Revoke the term of supervised release and impose a sentence of imprisonment of 8 

months, with no further term of supervised release, as described in the Amended Agreed 

Disposition of Supervised Release Violations. 

 At the hearing, the parties waived the 14-day period in which to file objections to these 

Findings and Recommendation. 

 So ORDERED this 29th day of January, 2024. 

 s/ Joshua P. Kolar 

 MAGISTRATE JUDGE JOSHUA P. KOLAR 

 UNITED STATES DISTRICT COURT 

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