United States District Court, S.D. Indiana, Indianapolis Division
MAGISTRATE JUDGE'S REPORT AND
McVicker Lynch United States Magistrate Judge Southern
District of Indiana
matter is before the undersigned according to the Order
entered by the Honorable Sarah Evans Barker, directing the
duty magistrate judge to conduct a hearing on the Petition
for Warrant or Summons for Offender Under Supervision
(“Petition”) filed on May 19, 2015, and the and
to submit proposed Findings of Facts and Recommendations for
disposition under 18 U.S.C. §§ 3401(i) and 3583(e).
Proceedings were held on September 1, 2016, in accordance
with Rule 32.1 of the Federal Rules of Criminal
September 1, 2016, defendant Jeremy Johnson appeared in
person with his appointed counsel, William Dazey. The
government appeared by Will McCoskey, Assistant United States
Attorney. The United States Probation Office
(“USPO”) appeared by Officer Shelly McKee, who
participated in the proceedings.
court conducted the following procedures in accordance with
Federal Rule of Criminal Procedure 32.1(a)(1) and 18
U.S.C. § 3583:
court advised Mr. Johnson of his right to remain silent, his
right to counsel, and his right to be advised of the charges
against him. The court asked Mr. Johnson questions to ensure
that he had the ability to understand the proceedings and his
copy of the Petition was provided to Mr. Johnson and his
counsel, who informed the court they had reviewed the
Petition and that Mr. Johnson understood the violations
alleged. Mr. Johnson waived further reading of the Petition.
court advised Mr. Johnson of his right to a preliminary
hearing and its purpose in regard to the alleged violations
of his supervised release specified in the Petition. Mr.
Johnson was advised of the rights he would have at a
preliminary hearing. Mr. Johnson stated that he wished to
waive his right to a preliminary hearing.
Johnson stipulated that there is a basis in fact to hold him
on the specifications of violations of supervised release as
set forth in the Petition. Mr. Johnson executed a written
waiver of the preliminary hearing, which the court accepted.
court advised Mr. Johnson of his right to a hearing on the
Petition and of his rights in connection with a hearing. The
court specifically advised him that at a hearing, he would
have the right to present evidence, to cross-examine any
witnesses presented by the United States, and to question
witnesses against him unless the court determined that the
interests of justice did not require a witness to appear.
Johnson, by counsel, stipulated that he committed Violation
Number 2, set forth in the Petition as follows:
Nature of Noncompliance
“The defendant shall refrain
from any unlawful use of a controlled
As previously reported to the Court, on
January 15, 2016, the offender provided a
urine specimen which tested positive for
amphetamine. He admitted using
methamphetamine. On April 4, and 22, 2016,
the offender provided urine specimens which
tested positive for Opiates and cocaine,
respectively. The offender admitted using
heroin and cocaine on separate occasions.
court placed Mr. Johnson under oath and directly inquired of
Mr. Johnson whether he admitted violations 2 of his
supervised release set forth above. Mr. Alexander admitted
the violation as set forth above.
Government orally moved to dismiss violations 1 and 4, and