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United States v. Payne

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

January 13, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
TERRANCE LAMONT PAYNE, Defendant.

          REPORT AND RECOMMENDATION

          Denise K. LaRue United States Magistrate Judge

         On 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.

         The Court conducted the following procedures in accordance with Fed. R. Crim. P. 32.1(a)(1) and 18 U.S.C. § 3583:

         1. The 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.

         2. After being placed under oath, Defendant Payne admitted violation 1. [Docket No. 8.]

         3. The allegations to which Defendant admitted, as fully set forth in the petition, are:

Violation Number/Nature of Noncompliance
1 “The defendant shall refrain from any unlawful use of a controlled substance.”
On October 7, 2016, Terrance Payne tested positive for cocaine, which was confirmed by Alere Laboratories. He denies using cocaine.
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.

         4. The 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 ...

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