United States District Court, S.D. Indiana, Indianapolis Division
REPORT AND RECOMMENDATION
K. LaRue United States Magistrate Judge
January 10, 2017, the Court held a hearing on the Petition
for Warrant or Summons for Offender Under Supervision filed
on November 2, 2016. Defendant Payne appeared in person with
his appointed counsel Mark Inman. The government appeared by
Winfield Ong, Assistant United States Attorney. U.S. Parole
and Probation appeared by Officer Jason Nutter.
Court conducted the following procedures in accordance with
Fed. R. Crim. P. 32.1(a)(1) and 18 U.S.C. § 3583:
Court advised Defendant Payne of his rights and provided him
with a copy of the petition. Defendant Payne waived his right
to a preliminary hearing.
After being placed under oath, Defendant Payne admitted
violation 1. [Docket No. 8.]
allegations to which Defendant admitted, as fully set forth
in the petition, are:
Violation Number/Nature of
1 “The defendant shall refrain from any
unlawful use of a controlled
On October 7, 2016, Terrance Payne tested positive for
cocaine, which was confirmed by Alere Laboratories. He denies
As previously reported to the Court, Mr. Payne tested
positive for marijuana on February 1, 2016, August 4, 24, and
31, 2016. He also submitted a diluted urine sample on August
15, 2016, and failed to appear for a random urinalysis on
August 29, 2016. Mr. Payne admitted marijuana use in January
and July 2016, but never admitted use that would have caused
his positive marijuana test on August 31, 2016.
parties stipulated that:
(a) The highest grade of violation is a Grade B violation.
(b) Defendant's criminal history category is VI.
(c) The range of imprisonment applicable upon revocation of
supervised release, therefore, is 18 to 24 ...