govinfo:USCOURTS-insd-1_24-cr-00035-3

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF INDIANA 
INDIANAPOLIS DIVISION 
 
UNITED STATES OF AMERICA, ) 
 ) 
Plaintiff, ) 
 ) 
v. ) No. 1:24-cr-00035-JPH-TAB 
 ) 
DEVERE L. ABAIR, ) -01 
 ) 
Defendant. ) 
 
ORDER ADOPTING REPORT AND RECOMMENDATION 
 Pursuant to 18 U.S.C. § 3401(i) and 18 U.S.C. § 3583(e), the Court 
ADOPTS Magistrate Judge Mark J. Dinsmore's Report and Recommendation 
and all findings therein, dkt. [54]. The Court now ORDERS that Devere L. Abair's 
supervised release is therefore REVOKED, dkt. [40] and [45], and Mr. Abair is 
sentenced to the custody of the Attorney General or his designee for 
imprisonment of 12 months with 9 years of federal supervision to follow. 
 The following condition of supervised release are imposed: 
1. You shall report to the probation office in the federal 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 PageID #:
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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. PageID #:
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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. "Third party who may be impacted" means both (1) any 
individual who has regular and frequent contact with the defendant and 
has care, custody, or control over a minor, such the defendant may have 
contact with the minor and (2) any entity where minors frequent, such as 
the defendant’s employment or volunteer activities. 
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: Conditions 1-13 are considered administrative in nature 
and will enable the probation officer to effectively supervise the offender 
within the community. 
14. You shall pay the costs associated with the following imposed 
conditions of supervised release, to the extent you are financially able to PageID #:
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pay: psychosexual treatment, polygraph testing, and computer 
monitoring systems. The probation officer shall determine your ability to 
pay and any schedule of payment.
 
Justification: This condition will ensure the offender is invested in his 
treatment and success with supervision. 
15. All employment shall be approved in advance by the probation 
officer. 
16. You shall not have unsupervised meetings, activities, or visits, or 
intentional communications with any minor unless they have been 
disclosed to the probation 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. 
17. 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. 
18. You shall not participate in unsupervised meetings, intentional 
communications, activities, or visits with persons you know to be a PageID #:
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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. 
19. You shall not enter or remain at a place for the primary purpose of 
observing or contacting children under the age of 18. 
20. You shall not possess any child pornography or visual depictions of 
child erotica, or knowingly or intentionally possess visual depictions of 
nude minors for the purpose of sexual stimulation or gratification. 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 PageID #:
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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. 
Justification: Conditions 15-22 are necessary to protect the community 
given the nature of the instant offense, as well as the offender's lack of 
impulse control while on supervision. 
23. 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: Given the offender's conviction for possession of child 
 pornography, as well as his impulse control issues while on supervised PageID #:
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 release, this condition is necessary to hold him accountable for his 
 actions, as well as to provide a protective measure to the community. 
SO ORDERED. 
 
 
 
Distribution: 
All Electronically Registered Counsel 
Electronic Notice to USPO 
Electronic Notice to USM-C 
Date: 6/9/2026 PageID #:
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