United States District Court, S.D. Indiana, Indianapolis Division
MAGISTRATE JUDGE'S REPORT AND
McVicker Lynch United States Magistrate Judge Southern
District of Indiana
matter is before the undersigned according to the Order
entered by the Honorable Sarah Evans Barker, directing the
duty magistrate judge to conduct a hearing on the Petition
for Warrant or Summons for Offender Under Supervision
("Petition") filed on March 22, 2018, and to submit
proposed Findings of Facts and Recommendations for
disposition under 18 U.S.C. §§ 34Ol(i) and 3583(e).
Proceedings were held on April 6, 2018, in accordance with
Rule 32.1 of the Federal Rules of Criminal
April 6, 2018, defendant Larry Dwight Duerson appeared in
person with his appointed counsel, Dominic Martin. The
government appeared by Jeff Preston, Assistant United States
Attorney. The United States Probation Office
("USPO") appeared by Officer Troy Adamson, 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. Duerson 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. Duerson questions to ensure
that he had the ability to understand the proceedings and his
copy of the Petition was provided to Mr. Duerson and his
counsel, who informed the court they had reviewed the
Petition and that Mr. Duerson understood the violations
alleged. Mr. Duerson waived further reading of the Petition.
court advised Mr. Duerson 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.
Duerson was advised of the rights he would have at a
preliminary hearing. Mr. Duerson stated that he wished to
waive his right to a preliminary hearing.
Duerson 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. Duerson executed a written
waiver of the preliminary hearing, which the court accepted.
court advised Mr. Duerson 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.
Duerson, by counsel, stipulated that he committed Violation
Number 1 set forth in the Petition as follows:
Number Nature of Noncompliance
"The defendant shall refrain from any unlawful use of a
March 5, 2018, the offender submitted a urine sample which
tested positive for cocaine. He admitted "snorting"
cocaine on March 1, 2018.
previously reported to the Court, Mr. Duerson tested positive
for cocaine on September 25, October 10, November 7, 9, 18,
27, and December 4, ...