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United States v. Maggard

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

February 8, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
DANNY W. MAGGARD, 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 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 January 13, 2017, 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 February 7, 2017, in accordance with Rule 32.1 of the Federal Rules of Criminal Procedure.[1]

         On February 7, 2017, defendant Danny W. Maggard appeared in person with his appointed counsel, Michael Donahoe. The government appeared by Brad Blackington, Assistant United States Attorney. The United States Probation Office (“USPO”) appeared by Officer Jason Nutter, 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. Maggard 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. Maggard 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. Maggard and his counsel, who informed the court they had reviewed the Petition and that Mr. Maggard understood the violations alleged. Mr. Maggard waived further reading of the Petition.

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

         4. Mr. Maggard 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.

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

         Violation NumberNature of Noncompliance

1 “The defendant shall not unlawfully possess a controlled substance. The defendant shall refrain from any unlawful use of a controlled substance.”
The offender submitted four positive drug screens which tested positive for methamphetamine on the following dates: August 23, 2016; October 24, 2016; December 25, 2016; and January 6, 2017. The offender admitted he ingested methamphetamine to produce the first three screens.
2 “The defendant shall participate in a substance abuse treatment program at the direction of the probation officer, which may include more than eight drug tests per month. The defendant shall abstain from the use of all intoxicants, including alcohol, while participating in substance abuse treatment program. The defendant is responsible for ...

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