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 Tanya Walton Pratt, directing the
duty magistrate judge to conduct a hearing on the Petition
for Warrant or Summons for Offender Under Supervision
(“Petition”) filed on December 26, 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 January 29, 2019, in accordance with
Rule 32.1 of the Federal Rules of Criminal
January 29, 2019, defendant Marcus Trice appeared in person
with his appointed counsel, Michael Donahoe. The government
appeared by Michelle Brady, Assistant United States Attorney.
The United States Probation Office (“USPO”)
appeared by Officer Tim Hardy, who participated in the
court conducted the following procedures in accordance with
Federal Rule of Criminal Procedure 32.1(a)(1) and 18
U.S.C. § 3583:
court advised Mr. Trice of his right to remain silent, his
right to counsel, and his right to be advised of the charges
against him. The court asked Mr. Trice questions to ensure
that he had the ability to understand the proceedings and his
copy of the Petition was provided to Mr. Trice and his
counsel, who informed the court they had reviewed the
Petition and that Mr. Trice understood the violations
alleged. Mr. Trice waived further reading of the Petition.
court advised Mr. Trice 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. Trice was
advised of the rights he would have at a preliminary hearing.
Mr. Trice stated that he wished to waive his right to a
court advised Mr. Trice 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 his unless the court determined that the
interests of justice did not require a witness to appear.
Trice, by counsel, stipulated that he committed Violation
Number 1 set forth in the Pet it ion as fo llows:
Violation Number Nature of
1 “The defendant shall refrain from any
unlawful use of a controlled
substance.” On December 10, 2018,
Marcus Trice submitted a urine specimen which tested positive
for cocaine. He denied use via Drug Admission/Denial
Declaration form which he signed on December 20, 2018. The
above drug screen was forwarded to Alere Laboratory for
confirmation, and on December 23, 2018, the sample was
confirmed positive for cocaine.
On November 16, 2018, the offender submitted a urine specimen
which tested positive for cocaine. He denied use, and the
sample was forwarded to Alere Laboratory where it was
confirmed positive for cocaine.
As previously reported, on January 12, 2018, the offender
submitted a urine specimen which tested positive for
marijuana. He denied use, and the sample was forwarded to
Alere Laboratory where it was confirmed positive for
As previously reported, on September 28, 2017, the offender
submitted a urine sample which tested positive for cocaine.
He admitted using ...