Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Turner

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

December 30, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
RALPH B. TURNER, Defendant.

          MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

          Debra McVicker Lynch United States Magistrate Judge.

         This matter is before the undersigned according to the Order entered by the Honorable Richard L. Young, directing the duty magistrate judge to conduct a hearing on the Petition for Warrant or Summons for Offender Under Supervision (“Petition”) filed on December 6, 2016, 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 December 20, 2016, in accordance with Rule 32.1 of the Federal Rules of Criminal Procedure.[1]

         On December 20, 2016, defendant Ralph B. Turner appeared in person with his appointed counsel, Michael Donahoe. The government appeared by Barry Glickman, Assistant United States Attorney. The United States Probation Office (“USPO”) appeared by Officer Tasha Taylor, 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. Turner 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. Turner 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. Turner and his counsel, who informed the court they had reviewed the Petition and that Mr. Turner understood the violations alleged. Mr. Turner waived further reading of the Petition.

         3. The court advised Mr. Turner 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. Turner was advised of the rights he would have at a preliminary hearing. Mr. Turner stated that he wished to waive his right to a preliminary hearing.

         4. Mr. Turner 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. Turner executed a written waiver of the preliminary hearing, which the court accepted.

         5. The court advised Mr. Turner 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. Turner, by counsel, stipulated that he committed Violation Numbers 1, 2, 3, 4, 5, and 6 set forth in the Petition as follows:

         Violation Number Nature of Noncompliance

1 “The defendant shall refrain from any unlawful use of a controlled substance.”
2 “The defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or any paraphernalia related to any controlled substances, except as prescribed by a physician.”
As previously reported to the Court, on April 6, 2016, Mr. Turner submitted a urine sample at Volunteers of America (VOA), which was collected under the Bureau of Prisons (BOP) program and tested by the Redwood Toxicology Laboratory, which was positive for synthetic cannabinoids. On July 11, 2016, also tested under the BOP program and previously reported to the Court, he submitted a urine sample which was positive for cocaine.
On October 20, 2016, and November 23, 2016, additional urine samples were collected under this program. The October sample was positive for marijuana and the November sample was positive for synthetic cannabinoids. With the exception of the April 2016 urine sample, Mr. Turner has denied he has knowingly and intentionally used illicit substances.
3 “The defendant shall participate in a program of treatment for sexual disorders, including periodic polygraph examinations, as directed by the probation officer.”
The offender has been referred to the Indianapolis Counseling Center (ICC) for psychosexual counseling. He has missed counseling sessions on April 21, May 3, July 21, and October 3, 2016.
4 “The defendant shall participate in a substance abuse treatment program at the direction of the probation officer, which may include no more than eight drug tests per month. The defendant shall abstain from the use of all intoxicants including alcohol, while on supervised release. The defendant is responsible for paying a portion of the fees of substance abuse testing and/or treatment.”
Mr. Turner missed two appointments prior to attending his initial substance abuse treatment session at VOA. Upon attending his initial session on June 21, 2016, he was subsequently a “no call/no show” for individual counseling sessions on August 3, and October 25, 2016.
5“The defendant shall participate in a program of mental health treatment as directed by the probation officer.”
The offender missed mental health counseling sessions at the Midtown Community Health Center (Brief Solutions Team) on April 20, May 24, and October 24, 2016.
6“You shall reside in a residential reentry center for a term of up to 180 days. You shall abide by the rules and ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.