United States District Court, S.D. Indiana, Indianapolis Division
MAGISTRATE JUDGE'S REPORT AND
MCVICKER LYNCH UNITED STATES MAGISTRATE JUDGE.
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
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.
court conducted the following procedures in accordance with
Federal Rule of Criminal Procedure 32.1(a)(1) and 18
U.S.C. § 3583:
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
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.
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.
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.
Morefield, by counsel, stipulated that he committed Violation
Numbers 1 and 2 set forth in the Petition as follows:
Violation Number Nature of
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
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
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 ...