United States District Court, S.D. Indiana, Indianapolis Division
REPORT AND RECOMMENDATION
L. Pryor, United States Magistrate Judge.
August 3, 2018, the Court held a hearing on the Petition for
Warrant or Summons for Offender Under Supervision filed on
July 19, 2018. Defendant LeMaster appeared in person with his
appointed counsel Dominic Martin. The government appeared by
Barry Glickman, Assistant United States Attorney. U.S. Parole
and Probation appeared by Officer Chris Dougherty.
Court conducted the following procedures in accordance with
Fed. R. Crim. P. 32.1(a)(1) and 18 U.S.C. § 3583:
Court advised Defendant LeMaster of his rights and provided
him with a copy of the petition. Defendant LeMaster orally
waived his right to a preliminary hearing.
After being placed under oath, Defendant LeMaster admitted
violations 1, 2, 3, and 4. [Docket No. 2.]
allegations to which Defendant admitted, as fully set forth
in the petition, are:
Nature of Noncompliance
“The defendant shall not commit
another federal state or local
On July 18, 2018, a search of Michael
LeMaster's residence was conducted by the
probation office, with the assistance of the
Indianapolis Metropolitan Police Department.
Located in the offender's bedroom, in his
closet, was a box containing several vials of a
liquid substance and hypodermic needles. The
offender admitted the vials contained steroids. He
was arrested by an officer of the Indianapolis
Metropolitan Police Department and charged with
Possession of a Controlled Substance, level 6
felony. The offender is in custody at the Marion
County Jail awaiting processing and an initial
“The defendant shall not unlawfully
possess a controlled substance. The defendant shall
refrain from any unlawful use of a controlled
On June 18, 2018, the offender submitted a urine
drug screen which tested positive for anabolic
steroids. On July 18, 2018, he verbally admitted he
had been using steroids for a period of six months
and had been injecting himself with this drug.
“The defendant shall not associate
with any persons engaged in criminal activity and
shall not associate with any person convicted of a
felony, unless granted permission to do so by the
On June 18, 2018, the probation officer conducted a
home exam, and learned the offender was in
possession of a Mercedes vehicle, which he had not
disclosed as owning or driving. Mr. LeMaster stated
he purchased this vehicle from a friend named
"Eric." When questioned further, he
admitted he obtained the vehicle from Eric Nelson
(register number 32672-068) a former Bureau of
Prisons inmate he had been housed with previously.
Eric Nelson is a convicted sex offender serving a
25 year term of supervised release in the Western
District of Pennsylvania. It was later determined
the offender did not purchase the vehicle from Mr.
Nelson, but that it was a gift. On the
offender's cell phone, probation discovered
contact information for Eric Nelson.
“The defendant shall answer
truthfully all inquires by the probation officer
and follow the instructions of the probation
On July 13, 2018, the offender reported to the
probation officer that he had lost his cell phone
and that he would have to replace it. He provided a
new cell phone number on July 17, 2018. During a
search of the offender's residence on July 18,
2018, the cell phone which was reported lost was
found hidden underneath his mattress in his
bedroom. A text message on the phone to
"Kidd" stated "I had to get another
phone so Probation has one to look at."
parties stipulated that:
highest grade of violation is a Grade B violation.
Defendant's criminal history category is VI.
range of imprisonment applicable upon revocation of
supervised release, therefore, is 21 to 27 months'
Parties jointly recommended a sentence of thirty (30) months
with no supervised release to follow. Defendant LeMaster
requested placement at FMC Lexington.
Magistrate Judge, having considered the factors in 18 U.S.C.
§ 3553(a), and as more fully set forth on the record,
finds that the Defendant violated the conditions in the
petition, that his supervised release should be revoked, and
that he should be sentenced to the custody of the Attorney
General or his designee for a period of thirty (30) months
with no supervised release to follow. The Defendant is to be
taken into custody immediately pending the District
Judge's action on this Report and Recommendation. The
Magistrate Judge will make a recommendation of placement at
parties are hereby notified that the District Judge may
reconsider any matter assigned to a Magistrate Judge. The
parties waived the fourteen-day ...