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-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
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
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. 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
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.
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.
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
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.
Sebree, by counsel, stipulated that he committed Violation
Numbers 1 and 2 set forth in the Petition as follows:
Nature of Noncompliance
“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.
“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,
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
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.
government moved to dismiss Violation Numbers 3, 4, and 5 ...