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United States v. Morgan

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

December 7, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
AMBER MORGAN, Defendant.

          REPORT AND RECOMMENDATION

          Tim A. Baker United States Magistrate Judge

         On December 4, 2018, the Court held a hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on November 27, 2018. Defendant Morgan appeared in person with her appointed counsel Dominic Martin. The government appeared by Brad Shepard, Assistant United States Attorney. U.S. Parole and Probation appeared by Officer Angela Smith.

         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 Morgan of her rights and provided her with a copy of the petitions. Defendant Morgan waived her right to a preliminary hearing in open court.
2. After being placed under oath, Defendant Morgan admitted violations 2, 3, 4, and 5. [Docket No. 136.]
3. The allegations to which Defendant admitted, as fully set forth in the petition, are:

         Violation Number Nature of Noncompliance

         2 “You shall not use or possess any controlled substance unless authorized to do so by a valid prescription.” On November 5, 2018, Ms. Morgan submitted a urinalysis that yielded positive for amphetamines. When confronted, she denied using illegal drugs but admitted packaging methamphetamine for her mother. On November 13, 2018, the offender submitted a urinalysis that yielded positive for amphetamines. She admitted after the submission of the specimen to using methamphetamine on several occasions prior to providing the urine sample. During a search of her residence on November 20, 2018, officers located a pipe with methamphetamine residue, a small amount of methamphetamine and scales for weighing illegal narcotics. The offender admitted the pipe and methamphetamine were hers.

         3 “You shall not attempt to obstruct or tamper with substance abuse testing methods.” On September 11, 2018, the offender submitted a diluted urine sample. She denied purposely diluting the sample and provided a negative specimen on September 14, 2018. She was given a verbal reprimand for the diluted urine specimen. On November 20, 2018, during a search at the offender's residence, officers located text messages on her phone sent to multiple people trying to purchase or locate "clean" urine, in order to elude her urine testing procedures. Furthermore, officers also located an Advil bottle with urine inside it and Ms. Morgan admitted the urine was obtained from someone in an attempt to elude drug testing procedures.

         4 “You shall not alcohol.” During a search of the offender's residence on November 20, 2018, officers located Jello shots in which the offender admitted contained alcohol, as well as a small bottle of hard liquor. She advised the alcohol was left at her residence by a friend.

         5 “You shall not meet, communicate, or otherwise interact with a person you know to be engaged, or planning to be engaged, in criminal activity.” Prior to conducting a search at the offender's residence on November 20, 2018, this officer received information that Ms. Morgan and a male friend who had been staying at her residence, were dealing illegal narcotics. During a search on November 20, 2018, the offender admitted the friend had been staying at her residence and used illegal narcotics at her home. Furthermore, he was found to have prior convictions for burglary. During that same search, officers located a letter written to her co-defendant on the instant offense detailing the price of methamphetamine in the Indianapolis area and other violations of supervision. A review of text messages reveal facilitations of the purchase of methamphetamine and urine to elude drug testing procedures. The offender admitted purchasing and meeting with people to purchase methamphetamine.

         4. The government moved to dismiss violation 1 without prejudice and the same granted.

         5. The parties stipulated that:

(a) The highest grade of violation is a Grade B ...

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