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United States v. Wilson

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

June 5, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
THOMAS WILSON, Defendant.

          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 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 9, 2018, and a supplemental petition filed on March 18, 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 May 18, 2018, in accordance with Rule 32.1 of the Federal Rules of Criminal Procedure.[1]

         On May 18, 2018, defendant Thomas Wilson appeared in person with his appointed counsel, Dominic Martin. The government appeared by Matt Lasher, Assistant United States Attorney. The United States Probation Office (“USPO”) appeared by Officer Chris Dougherty, 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. Wilson of his right to remain silent, his right to counsel, and his right to be advised of the charges against him.
2. A copy of the Petition was provided to Mr. Wilson and his counsel, who informed the court they had reviewed the Petition and that Mr. Wilson understood the violations alleged. Mr. Wilson waived further reading of the Petition.
3. The court advised Mr. Wilson 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. Wilson was advised of the rights he would have at a preliminary hearing. Mr. Wilson stated that he wished to waive his right to a preliminary hearing.
4. The court advised Mr. Wilson 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.
5. Mr. Wilson, by counsel, stipulated that he committed Violation Numbers 1, 2, 3, 4, and 5 set forth in the Petition as follows:
Violation NumberNature of Noncompliance
1 “The defendant shall refrain from any unlawful use of a controlled substance.” Thomas Wilson has submitted four urine screens which have tested positive for illegal drugs. He submitted a drug screen on March 28, 2018, which tested positive for amphetamines and marijuana. The offender admitted he ingested “Molly (MDMA) and marijuana to produce this positive screen. He provided a urine screen which tested positive for marijuana, amphetamine, methamphetamine and alphahydroxyalprazolam, on April 13, 2018, ad admitted he ingested “Molly” (MDMA) and Xanex, about 2-3 days earlier. On April 18, 2018, the offender tested positive for methamphetamine, amphetamine, and Buprenophine (Suboxone). All of these substances were verified by Alere Laboratory. On May 3, 2018, the offender tested positive for cocaine, marijuana, amphetamines, and opiates. He admitted the night before he had ingested all of these substances, in addition to alcohol.
2 “The defendant shall participate in a substance abuse treatment program at the direction of the probation officer, which may include no more than eight drug tests per month. The defendant shall abstain for the use of all intoxicants, including alcohol, while participating in a substance abuse treatment program. The defendant is responsible for paying a portion of the fees of substance abuse testing and/or treatment.”
Thomas Wilson failed to report to substance abuse treatment groups on April 16, 2018, and on May 7, 2018. The offender failed to report for random drug testing on April 11, 2018; April 26, 2018; and May 2, 2018. The offender admitted he has consumed alcohol on several occasions over the past two months, in violation of his treatment rules.
3 “The defendant shall participate in a mental health treatment program, as approved by the probation officer, and abide by the rules and regulations of that program. The probation officer, in consultation with the treatment provider, shall supervise participation in the program (provider, location, modality, duration, intensity, etc.). You shall take all mental health medications that are prescribed by your treating physician. The court authorizes the release of the ...

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