United States District Court, E.D. Kentucky, Southern Division
GREGOIY F. VAN TATENHOVE, UNITED STATES DISTRICT JUDGE.
matter is before the Court on the Report and Recommendation
filed by United States Magistrate Judge Hanly A. Ingram. [R.
12.] Defendant Stanley Dople has been charged with five
violations of his supervised release, stemming from his use
of marijuana. Id. at 1-3. As part of his supervised
release, Mr. Dople's standard condition #7 required him
to refrain from purchasing, possessing, using, distributing,
or administering any controlled substance or any
paraphernalia related to any controlled substance, except as
prescribed by a physician. Id. at 2- 3. Mr. Dople is
charged with two violations (Violations #1 and #3) of
standard condition #7, two violations (Violations #2 and #4)
for committing another federal, state, or local crime by
possessing marijuana, and one violation (Violation #5), after
lying about his marijuana use, for failure to answer
truthfully all inquiries by the probation officer.
final revocation hearing held on October 5, 2017, Mr. Dople
knowingly and competently pleaded guilty to all four of these
violations. [R. 11.] The parties did not agree as to the
sentence: the Government argued for sixteen months of
incarceration followed by ten years of supervised release,
while the Defendant argued for twelve to fourteen months of
incarceration followed by the original term of supervised
release. [R. 12 at 4.] Subsequently, Judge Ingram prepared a
Report and Recommendation which evaluates the relevant 18
U.S.C. § 3553 factors.
Ingram discussed Mr. Dople's “callous disregard for
the law, ” namely his failure to register as a sex
offender, his use of marijuana, and his repeated lies to the
probation officer about his use, including by means of
providing a diluted specimen for testing. Because of Mr.
Dople's continued dishonesty, Judge Ingram determined a
sentence of incarceration followed by a lengthy period of
supervised release is proper. Judge Ingram's Report and
Recommendation ultimately recommends that the Court sentence
Mr. Dople to a term of sixteen months imprisonment to be
followed by ten years of supervised release. Id. at
10. After five years, the Court will re-evaluate Mr.
Dople's compliance with the terms of his supervised
release; absent a violation of these conditions, the Court
may consider terminating his supervision. The standard
conditions of supervision used by the Eastern District of
Kentucky shall be imposed and will replace the conditions
imposed in his original judgment by the Eastern District of
Tennessee. In addition, Mr. Dople will be subject to the
following Special Conditions adopted by this District for sex
offenders following the decision in United States v.
Inman, 666 F.3d 1001 (6th Cir. 2012):
1. The defendant shall participate in a program for treatment
of mental health/sexual disorders; shall undergo a sex
offender risk assessment, psychosexual evaluation and/or
other evaluation as needed; shall be subject to periodic
polygraph examinations and/or Computer Voice Stress Analysis
(CVSA) testing, at the discretion and direction of the
probation officer; and, shall follow the rules and
regulations of the sex offender treatment program as
implemented by the probation office.
2. The defendant's residence and employment shall be
pre-approved by the probation officer and in compliance with
state and local law.
3. The defendant shall not frequent, volunteer, or work at
places where children under the age of 18 congregate (e.g.
playgrounds, parks, day-care centers, public swimming pools,
youth centers, video arcade facilities) unless approved by
the probation officer, and shall have no contact with
4. The defendant shall not associate or have verbal, written,
telephonic, or electronic communication with any person under
the age of 18 without the permission of the probation
officer. This provision does not encompass persons under the
age of 18 such as ticket vendors, cashiers, waiters, etc.,
with whom the defendant must deal in order to obtain ordinary
and usual commercial services.
5. The defendant shall not possess, view, listen to, or go to
locations where any form of pornography, sexually stimulating
performances, or sexually oriented material, items, or
services are available.
6. The defendant shall not possess or use a device capable of
creating pictures or video, without the approval of the
7. The defendant shall not rent or use a post office box or
storage facility, without the approval of the probation
8. The defendant shall register as a sex offender as
prescribed by state law.
9. The defendant shall not possess or use a computer or any
electronic device with access to any on-line computer service
at any location (including place of employment) without the
prior written approval of the probation officer. This
includes any Internet Service provider, bulletin board
system, or any other public or private network or email
10. The defendant shall consent to the United States
Probation Office conducting unannounced examinations of any
and all electronic devices (i.e. computer system(s),
internal/external storage devices, hand-held devices, etc.),
which may include retrieval and copying of all memory from
hardware/software and/or removal of such system(s) for the
purpose of conducting a more thorough inspection and will
consent to having installed on his computer(s) or electronic
devices any hardware/software to monitor device use or
prevent access to ...