United States District Court, S.D. Indiana, Indianapolis Division
REPORT AND RECOMMENDATION
L. PRYOR UNITED STATES MAGISTRATE JUDGE
September 12, 2018, the Court held a hearing on the Petition
for Warrant or Summons for Offender Under Supervision filed
on August 10, 2018. Defendant Newton appeared in person with
his appointed counsel Joseph Cleary. The government appeared
by, Assistant United States Attorney Michelle Brady. U.S.
Parole and Probation appeared by Officer Troy Adamson.
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 Newton of his rights and provided him
with a copy of the petition. Defendant Newton orally waived
his right to a preliminary hearing.
After being placed under oath, Defendant Newton admitted
violations 1, and 3. [Docket No. 153.]
allegations to which Defendant admitted, as fully set forth
in the petition, are:
Nature of Noncompliance
“The defendant shall refrain from any
unlawful use of a controlled
On July 26, 2018, Mr. Newton provided a urine
specimen which tested positive for cocaine. He
admitted using cocaine.
As previously reported to the Court, the offender
tested positive for cocaine on October 1, 2017, and
March 21, 2018. He admitted using cocaine on both
occasions. On September 3, 2016, the offender
provided a urine specimen which tested positive for
Opiates. Mr. Newton denied using any illegal drugs or
any non-prescribed medication. The specimen was sent
to Alere Laboratory for confirmation, which revealed
a positive result for morphine.
“The defendant shall not commit another
federal, state or local crime.”
As previously reported to the Court, on July 3, 2016,
Mr. Newton was arrested by the Indianapolis Metro
Police Department for Operating a Vehicle While
Intoxicated Endangering a Person, Leaving the Scene
of an Accident, Operating a Motor Vehicle Without
Ever Receiving a License. The case was decided July
19, 2018, in Marion County Superior Court 8 under
Cause Number 49G08-1607-CM-025589. He was sentenced
to 5 days in jail, time served, and 360 days
probation. The conviction of Operating a Vehicle
While Intoxicated Endangering a Person is an A
misdemeanor. Counts 2-3 were dismissed.
government moved to dismiss violation 2 and the same granted.
parties stipulated that:
(a) The highest grade of violation is a Grade B violation.
(b) Defendant's criminal history category is V.
(c) The range of imprisonment applicable upon revocation of
supervised release, therefore, is 18 to 24 months'
Parties jointly recommended a sentence of fifteen (15) months
with no supervised release to follow. Defendant requested
placement at the closest medical facility to Indianapolis,
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 fifteen (15) 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 ...