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United States v. Duerson

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

April 16, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
LARRY DWIGHT DUERSON, Defendant.

          MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

          McVicker Lynch United States Magistrate Judge Southern District of Indiana

         This 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 Procedure.[1]

         On 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.

         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. 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 rights.

         2. A 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.

         3. The 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.

         4. Mr. 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.

         5. The 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.

         6. Mr. Duerson, by counsel, stipulated that he committed Violation Number 1 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 March 5, 2018, the offender submitted a urine sample which tested positive for cocaine. He admitted "snorting" cocaine on March 1, 2018.

         As previously reported to the Court, Mr. Duerson tested positive for cocaine on September 25, October 10, November 7, 9, 18, 27, and December 4, ...


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