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United States v. Jackson

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

August 9, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
DARNELL JACKSON, Defendant.

          REPORT AND RECOMMENDATION

          TIM A. BAKER UNITED STATES MAGISTRATE JUDGE

         On August 2, 2018, the Court held a hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on June 18, 2018 and a supplemental petition filed on June 25, 2018. Defendant Jackson appeared in person with his appointed counsel Michael Donahoe. The government appeared by Kate Olivier, Assistant United States Attorney. U.S. Parole and Probation appeared by Officer Troy Adamson.

         The Court conducted the following procedures in accordance with Fed. R. Crim. P. 32.1(a)(1) and 18 U.S.C. § 3583:

         1. The Court advised Defendant Jackson of his rights and provided him with a copy of the petition. Defendant Jackson orally waived his right to a preliminary hearing.

         2. After being placed under oath, Defendant Jackson admitted violations 1, 2, 3, 4, 5, 6, 7, and 8. [Docket Nos. 821 and 825.]

         3. The allegations to which Defendant admitted, as fully set forth in the petition, are:

         Violation Number Nature of Noncompliance

         1 “The defendant shall refrain from any unlawful use of a controlled substance.”

         As previously reported to the Court, on February 27, and May 1, 2018, Mr. Jackson provided urine specimens which tested positive for cocaine. He admitted using cocaine and signed an admission form on each occasion. Mr. Jackson also admitted using cocaine on May 2, 2018.

         2 “You shall participate in a substance abuse or alcohol treatment program approved by the probation officer and abide by the rules and regulations of that program. The probation officer shall supervise your participation in the program (provider, location, modality, duration, intensity, etc.).”

         Mr. Jackson failed to attend the required number of substance abuse counseling sessions during the month of May 2018, and has failed to attend any sessions thus far during the month of June 2018.

         As previously reported to the Court, Mr. Jackson failed to attend the required number of substance abuse counseling sessions during the months of March and April 2018.

         3 “You shall submit to substance abuse testing to determine if you have used a prohibited substance or to determine compliance with substance abuse treatment. Testing may include no more than 8 drug tests per month. You shall not attempt to obstruct or tamper with the testing methods.”

         On May 14, 15, 24, June 2, 3, 4, 5, 6, 7, 11, 12, and 13, 2018, Mr. Jackson failed to ...


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