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 August 28, 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 October 24, 2017, in accordance with
Rule 32.1 of the Federal Rules of Criminal
October 24, 2017, defendant Jackie L. Patton appeared in
person with his appointed counsel, Joseph Cleary. The
government appeared by Brad Shepard, Assistant United States
Attorney. The United States Probation Office
(“USPO”) appeared by Officer Mark McCleese, 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. Patton 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. Patton questions to ensure
that he had the ability to understand the proceedings and his
copy of the Petition was provided to Mr. Patton and his
counsel, who informed the court they had reviewed the
Petition and that Mr. Patton understood the violations
alleged. Mr. Patton waived further reading of the Petition.
court advised Mr. Patton 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.
Patton was advised of the rights he would have at a
preliminary hearing. Mr. Patton stated that he wished to
waive his right to a preliminary hearing.
Patton 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. Patton executed a written
waiver of the preliminary hearing, which the court accepted.
court advised Mr. Patton 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.
Patton, through his counsel, advised that he wanted to waive
his right to a hearing and admit the alleged violations. The
court asked Mr. Patton a series of questions to ensure his
decision was knowing and voluntary.
Patton, by counsel, stipulated that he committed Violation
Number 1 and 2 set forth in the Petition as follows:
Nature of Noncompliance
“The defendant shall not commit another
federal, state or local crime.”
On August 15, 2017, after initiating a narcotics
investigation, Bloomington, Indiana, Police
Department discovered approximately 4 ounces of
methamphetamine, a firearm, and a large sum of money
in a vehicle occupied by Mr. Patton. According to the
police report, Mr. Patton admitted additional
methamphetamine and another firearm was inside his
residence, which law enforcement obtained a search
warrant and seized the items. This investigation is
“The defendant shall refrain from any
unlawful use of a controlled
Mr. Patton tested positive for amphetamines on
January 11, 2017, and March 29, 2017, and he admitted
methamphetamine use each time.
court placed Mr. Patton under oath and directly inquired of
Mr. Patton whether he admitted violation 1 and 2 of his
supervised release set forth above. Mr. Patton admitted the
violations as set forth above.
Government orally moved to dismiss violation 3 upon approval