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 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
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.
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
Violation NumberNature of
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 ...