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 Tanya Walton Pratt, directing the
duty magistrate judge to conduct a hearing on the Petition
for Warrant or Summons for Offender Under Supervision
(“Petition”) filed on October 20, 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 27, 2017, in accordance with
Rule 32.1 of the Federal Rules of Criminal
October 27, 2017, defendant Derek D. Wells appeared in person
with his appointed counsel, William Dazey. The government
appeared by Cynthia Ridgeway, Assistant United States
Attorney. The United States Probation Office
(“USPO”) appeared by Officer Chris Dougherty, 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:
1. The court advised Mr. Wells 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. Wells 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. Wells and his
counsel, who informed the court they had reviewed the
Petition and that Mr. Coleman understood the violations
alleged. Mr. Wells waived further reading of the Petition.
3. The court advised Mr. Wells 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.
Wells was advised of the rights he would have at a
preliminary hearing. Mr. Wells stated that he wished to waive
his right to a preliminary hearing.
4. Mr. Wells 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. Wells orally waived the
right to a preliminary hearing in open court, which waiver
the court accepted.
5. The court advised Mr. Wells 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. Wells, by counsel, stipulated that he committed
Violation Number 1 set forth in the Petition as follows:
Nature of Noncompliance
1 “The defendant shall not unlawfully possess a
The defendant shall refrain from any unlawful use of a
offender began testing positive for marijuana on his first
day of supervised release, August 15, 2017, claiming he
smoked marijuana daily while incarcerated. The offender's
first two screens which were collected in this district, on
August 29, 2017, and September 8, 2017, both tested positive
for marijuana. On September 14, 2017, the offender submitted
a negative screen and he was advised that the marijuana was
out of his system and all future screens should be negative.
The offender submitted a third positive screen for marijuana
on September 23, 2017.
Wells contested or wished to provide explanation as to
Violations Number 2 and 3 of the Petition. The hearing
therefore proceeded. Mr. Wells was sworn and presented
testimony upon direct examination of his counsel and counsel
for the United States cross-examined him. USPO Chris
Dougherty was called as a witness by the United States, was
sworn, and provided testimony upon direct and cross
the basis of the evidence presented, the court found Mr.
Wells guilty of Violation Number 1 above (which he admitted
in his testimony), not guilty of Violation Number 2, and
guilty of Violation Number 3, which is set forth in the
Petition as follows:
3“The defendant shall reside in a residential reentry
center for a term of 180 days. You shall abide by the rules