Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Crowe

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

June 5, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
JUSTON CROWE, 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 Jane Magnus Stinson, directing the duty magistrate judge to conduct a hearing on the Petition for Warrant or Summons for Offender Under Supervision (“Petition”) filed on April 23, 2018, and a supplemental petition filed on April 30, 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 16, 2018, in accordance with Rule 32.1 of the Federal Rules of Criminal Procedure.[1]

         On May 16, 2018, defendant Juston Crowe appeared in person with his appointed counsel, Michael Donahoe. The government appeared by Matt Lasher, Assistant United States Attorney. The United States Probation Office (“USPO”) appeared by Officer Shelly McKee, 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. Crowe 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. Crowe and his counsel, who informed the court they had reviewed the Petition and that Mr. Crowe understood the violations alleged. Mr. Crowe waived further reading of the Petition.

         3. The court advised Mr. Crowe 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. Crowe was advised of the rights he would have at a preliminary hearing. Mr. Crowe 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. Crowe stated that he wished to waive his right to a preliminary hearing.

         4. The court advised Mr. Crowe 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. Crowe, by counsel, stipulated that he committed Violation Numbers 1, 2, 3, and 4, set forth in the Petition as follows:

Violation Number Nature of Noncompliance
1 “You shall report to the probation officer in a manner and frequency directed by the court or probation officer.” On April 10, 2018, during an employment visit, the offender was asked to provide a urine sample for testing. He could not provide a sample. This officer instructed him to report to the probation office on April 11, 2018, before 4 pm to submit a sample for testing. On April 11, 2018, Mr. Crowe failed to report as directed and did not contacted this officer to explain his failure to report.
2You shall submit to substance abuse testing and shall not attempt to obstruct or tamper with the testing method.” Mr. Crowe was instructed to report for a drug test on April 11, 2018, but failed to report as directed.
3 “You shall not use or possess any controlled substances, unless authorized to do so by a valid prescription from a licenses medical practitioner.” On April 12, 2018, the offender submitted a urine specimen for analysis that returned positive for cocaine, opiates and amphetamines. While at the offender's home on April 12, 2018, the offender admitted taking an expired prescription for Vicodin, but could not produce the pill bottle for tis officer. On April 19, 2018, the offender submitted a urine specimen for analysis that returned positive for opiates. When confronted about the positive test results from April 12, 2018, he admitted getting pills from someone at work and stated he believed the pills to be Oxycodone. He denies consuming cocaine. He further admitted even after this officer's contact with him on April 12, 2018, he took more Oxycodone on April 13, 2018. The lab results from April 19 2018, returned positive for opiates, but the lab technician advised there was also cocaine in his system on that date, but the amount was below the cut off level; therefore, not reported positive on the test results. She indicated the cocaine was indicative of new use due to the time frame from the last positive test to this test result.
4 “You shall not use or possess any controlled substances, unless authorized to do so by a valid prescription from a licenses medical practitioner.” On April 26, 2018, the offender submitted a urine specimen that returned positive for cocaine and amphetamines. He admitted having used when he thought to be Oxycodone on April 22, 2018, after this officer explicitly warned him anymore use would result in a request for further sanctions and possibly revocation.

         6. The court asked Mr. Crow questions to ensure his decision to waive hearing and admit the alleged violations was knowing and voluntary. The court then placed Mr. Crowe under oath and directly inquired of Mr. Crowe whether he admitted violations 1, 2, 3, and 4 of his ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.