United States District Court, S.D. Indiana, Indianapolis Division
REPORT AND RECOMMENDATION
Baker United States Magistrate Judge
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.
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:
Number Nature of Noncompliance
“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.
“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.
“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
“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
government moved to dismiss violation 1 without prejudice and
the same granted.
parties stipulated that:
(a) The highest grade of violation is a Grade B ...