United States District Court, S.D. Indiana, Indianapolis 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 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
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.
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. 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
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.
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.
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.
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.
Maggard, by counsel, stipulated that he committed Violation
Numbers 1 and 2 set forth in the Petition as follows:
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 ...