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United States v. Johnson

United States District Court, S.D. Indiana, Indianapolis Division

September 19, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
JEREMY JOHNSON, Defendant.

          MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

          Debra McVicker Lynch United States Magistrate Judge Southern District of Indiana

         This 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 Procedure.[1]

         On 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.

         The court conducted the following procedures in accordance with Federal Rule of Criminal Procedure 32.1(a)(1) and 18 U.S.C. § 3583:

         1. The 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 rights.

         2. A 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.

         3. The 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.

         4. Mr. 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.

         5. The 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.

         6. Mr. Johnson, by counsel, stipulated that he committed Violation Number 2, set forth in the Petition as follows:

Violation Number

Nature of Noncompliance

2

The defendant shall refrain from any unlawful use of a controlled substance.”

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.

         7. The 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.

         8. The Government orally moved to dismiss violations 1 and 4, and ...


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