United States District Court, S.D. Indiana, Evansville Division
MAGISTRATE JUDGE'S REPORT AND
McVicker Lynch United States Magistrate Judge.
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
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.
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. 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
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.
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.
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.
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.
Turner, by counsel, stipulated that he committed Violation
Numbers 1, 2, 3, 4, 5, and 6 set forth in the Petition as
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
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
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
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