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United States v. Morefield

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

November 9, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
MICHAEL T. MOREFIELD, 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 Richard L. Young, directing the duty magistrate judge to conduct a hearing on the Petition for Warrant or Summons for Offender Under Supervision (“Petition”) filed on August 31, 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 October 24, 2018, in accordance with Rule 32.1 of the Federal Rules of Criminal Procedure.[1]

         On October 24, 2018, defendant Michael T. Morefield appeared in person with his appointed counsel, Gwendolyn Beitz. The government appeared by Jeff Preston, Assistant United States Attorney. The United States Probation Office (“USPO”) appeared by Officer Tasha Taylor, 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:

         2. A copy of the Petition was provided to Mr. Morefield and his counsel, who informed the court they had reviewed the Petition and that Mr. Morefield understood the violations alleged. Mr. Morefield waived further reading of the Petition.

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

         4. Mr. Morefield 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.

         5. The court advised Mr. Morefield 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.

         6. Mr. Morefield, by counsel, stipulated that he committed Violation Numbers 1 and 2 set forth in the Petition as follows:

Violation Number Nature of Noncompliance
1 “The defendant shall refrain from unlawful use of a controlled substance.”You shall not use or possess any controlled substances prohibited by applicable state or federal law, unless authorized to do so by a valid prescription from a licensed medical practitioner. You shall follow the prescription instructions regarding frequency and dosage.
On August 8, 2018, the offender submitted a urine sample which tested positive for amphetamine. The sample was sent to the Alere Laboratory for subsequent testing, and was confirmed positive for amphetamine and methamphetamine.
2 “The defendant shall comply with the requirements of the Sex Offender Registration and Notification Act (42 U.S.C. § 16913, et seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which he or she resides, works, is a student, or was convicted of a qualifying offense.”
Mr. Morefield last reported to the Marion County, Indiana, Sheriff's Department on approximately August 2, 2018, to update the sex offender registry. He has not subsequently reported within 72 hours of any change in residence to ...

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