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United States v. Trice

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

February 15, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
MARCUS TRICE, 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 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 Procedure.[1]

         On 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 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:

         1. The 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 rights.

         2. A 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.

         3. The 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 preliminary hearing.

         4. The 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.

         5. Mr. Trice, by counsel, stipulated that he committed Violation Number 1 set forth in the Pet it ion as fo llows:

Violation Number Nature of Noncompliance
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 marijuana.
As previously reported, on September 28, 2017, the offender submitted a urine sample which tested positive for cocaine. He admitted using ...

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