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United States v. Henderson

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

December 8, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
CALVIN HENDERSON, Defendant.

          MAGISTRATE JUDGE’S AMENDED REPORT AND RECOMMENDATION

          Debra McVicker Lynch United States Magistrate Judge

         This matter is before the undersigned according to the Order entered by the Honorable Jane Magnus-Stinson, directing the duty magistrate judge to conduct a hearing on the Petition for Warrant or Summons for Offender Under Supervision (“Petition”) filed on November 9, 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 November 20, 2017, in accordance with Rule 32.1 of the Federal Rules of Criminal Procedure.[1] The magistrate judge issued the original report and recommendation on November 29, 2017, and amends it solely to reference the correct date of the Petition in this paragraph.

         On November 20, 2017, defendant Calvin Henderson appeared in person with his appointed counsel, William. 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.

         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. Henderson 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. Henderson questions to ensure that he had the ability to understand the proceedings and his rights.

         2. A copy of the Petition had been provided to Mr. Henderson and his counsel, who informed the court they had reviewed the Petition and that Mr. Henderson understood the violations alleged. Mr. Henderson waived further reading of the Petition. The court summarized the allegations.

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

         4. Mr. Henderson 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. Henderson executed a written waiver of the preliminary hearing, which the court accepted.

         5. The court advised Mr. Henderson 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. Henderson, by counsel, stipulated that he committed Violation Number 1 set forth in the Petition as follows:

Violation Number Nature of Noncompliance
1 “You shall not unlawfully possess a controlled substance.The defendant shall refrain from any unlawful use of a controlled substance.”
Calvin Henderson submitted eight urine screens which tested positive for illegal drugs. All of the drugs screens tested positive for opiates and one additional test was also positive for cocaine. The opiate positives specimens were submitted on: November 16, 2016; November 20, 2016; November 27, 2016 (also positive for cocaine); December 2, 2016; February 14, 2017; October 18, 2017; October 31, 2017; and November 6, 2017; with heroin use either admitted or proven via confirmation.
The first four positive specimens were reported to the Court via Report on Offender Under Supervision on December 28, 2016; and the fifth positive specimen was ...

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