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 William T. Lawrence, directing the
duty magistrate judge to conduct a hearing on the Petition
for Warrant or Summons for Offender Under Supervision
(“Petition”) filed on January 25, 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 26, 2018, in accordance
with Rule 32.1 of the Federal Rules of Criminal
February 26, 2018, defendant Michael A. Cook appeared in
person with his appointed counsel, Gwendolyn Beitz. The
government appeared by James Warden, 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:
1. The court advised Mr. Cook 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. Cook 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. Cook and his
counsel, who informed the court they had reviewed the
Petition and that Mr. Cook understood the violations alleged.
Mr. Cook waived further reading of the Petition.
3. The court advised Mr. Cook 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. Cook
was advised of the rights he would have at a preliminary
hearing. Mr. Cook stated that he wished to waive his right to
a preliminary hearing.
4. Mr. Cook 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. Cook executed a written
waiver of the preliminary hearing, which the court accepted.
5. The court advised Mr. Cook 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. Cook, by counsel, stipulated that he committed
Violation Numbers 1 and 2 set forth in the Petition as
Violation Number Nature of
1 “The defendant shall refrain from any
unlawful use of a controlled
On January 2, 2018, Mr. Cook provided a urine specimen which
confirmed positive for methamphetamine by Alere Labatory.
As previously reported to the Court, on June 10, 17, 23, July
4, 19, 22, August 11, 17, 20, 25, and September 2, 5, 2016,
Mr. Cook provided urine specimens ...