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United States v. Sebree

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

March 29, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
WILLIAM SEBREE, Defendant. Violation Nature of Noncompliance

MAGISTRATE JUDGE'S 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-Stinon, directing the duty magistrate judge to conduct a hearing on the Petition for Warrant or Summons for Offender Under Supervision (“Petition”) filed on February 16, 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 March 20, 2018, in accordance with Rule 32.1 of the Federal Rules of Criminal Procedure.[1]

         On March 20, 2018, defendant William Sebree appeared in person with his appointed counsel, Michael Donahoe. The government appeared by James Warden, Assistant United States Attorney. The United States Probation Office (“USPO”) appeared by Officer Felecia White, 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. Sebree 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. Sebree 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. Sebree and his counsel, who informed the court they had reviewed the Petition and that Mr. Sebree understood the violations alleged. Mr. Sebree waived further reading of the Petition.

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

         4. Mr. Sebree 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. Sebree waived preliminary hearing.

         5. The court advised Mr. Sebree 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. Sebree, by counsel, stipulated that he committed Violation Numbers 1 and 2 set forth in the Petition as follows:

Violation Number
Nature of Noncompliance

1

The defendant shall refrain from any unlawful use of a controlled substance.” On February 8, and 12, 2018, the offender submitted urine samples which tested positive for cocaine. He admitted using cocaine, his last occurrence being on February 7, 2018.

As previously reported to the court, the offender tested positive for spice on July 6, 2017, and marijuana on August 24, 2017.

2

You shall participate in a substance abuse or alcohol treatment program approved by the probation officer and abide by the rules and regulations of that program. The probation officer shall supervise your participation in the program (provider, location, modality, duration, intensity, etc.).”

The offender has failed to attend substance abuse treatment as instructed. He was referred for treatment in October 2017, and was instructed to attend 4 hours of group treatment per month. To date, the offender has attended less than 5 sessions.

         7. After ensuring that Mr. Sebree was knowingly and voluntarily waiving his right to a hearing on the alleged violations, the court placed Mr. Sebree under oath and directly inquired of Mr. Sebree whether he admitted Violation Numbers 1 and 2 of his supervised release set forth above. Mr. Sebree admitted the violations as set forth above.

         8. The government moved to dismiss Violation Numbers 3, 4, and 5 ...


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