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 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 February 6, 2018 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 28, 2018, in accordance
with Rule 32.1 of the Federal Rules of Criminal
February 28, 2018, defendant Michael Bell appeared in person
with his appointed counsel, Joseph Cleary. The government
appeared by Brad Blackington, Assistant United States
Attorney. The United States Probation Office
(“USPO”) appeared by Officer Brent Witter, 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. Bell 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. Bell questions to ensure
that he had the ability to understand the proceedings and his
copy of the Petition was provided to Mr. Bell and his
counsel, who informed the court they had reviewed the
Petition and that Mr. Bell understood the violations alleged.
Mr. Bell waived further reading of the Petition.
court advised Mr. Bell 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. Bell was
advised of the rights he would have at a preliminary hearing.
Mr. Bell stated that he wished to waive his right to a
Bell 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. Bell orally waived the right to a
preliminary hearing in open court, which the court accepted.
court advised Mr. Bell 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.
Bell, by counsel, stipulated that he committed Violation
Number 1 set forth in the Petition as follows:
Nature of Noncompliance
“The defendant shall neither possess nor
have under his control and matter that is
pornographic or that depicts or describes
sexually explicit conduct as defined by Title
18 U.S.C. §2256, or any matter depicting
or describing sexual activity involving a
person or persons under the age of 18.”
On January 24, 2018, Mr. Bell was in possession
of approximately 43 pornographic images on his
court asked Mr. Bell a series of questions to ensure that his
decision to admit the violations and to give up his right to
hearing was knowing and voluntary.
Court placed Mr. Bell under oath and directly inquired of Mr.
Bell whether he admitted violation 1 of his supervised
release set forth above. Mr. Bell admitted the violation as
set forth above.
parties and the USPO further stipulated that:
(a) The highest grade of Violation (Violation 1) is a Grade C
violation (U.S.S.G. ...