United States District Court, S.D. Indiana, Indianapolis Division
REPORT AND RECOMMENDATION
J. Dinsmore, United States Magistrate Judge
February 27, 2019, the Court held a hearing on the Petition
for Warrant or Summons for Offender Under Supervision filed
on April 16, 2018, and a Supplemental Petition filed on
February 8, 2019. [Dkts. 328 & 353.] Defendant Foor
appeared in person with his appointed counsel Joseph Cleary.
The government appeared by Michelle Brady, Assistant United
States Attorney. U.S. Parole and Probation appeared by
Officer Chris Dougherty.
Court conducted the following procedures in accordance with
Fed. R. Crim. P. 32.1(a)(1) and 18 U.S.C. § 3583:
Court advised Defendant Foor of his rights and ensured he had
a copy of the Petition and the Supplemental Petition.
Defendant Foor orally waived his right to a preliminary
After being placed under oath, Defendant Foor admitted
violation nos. 1, 2, 3, and 4 as set forth in the Petition.
allegations to which Defendant admitted, as fully set forth
in the Petition, are:
Nature of Noncompliance
1 “You shall report to the probation officer in
a manner and frequency directed by the
probation officer.” Scott Foor is considered
an absconder. The probation officer last had in-person
contact with the offender on March 29, 2018, at his
residence. Since that time, the offender failed to report for
two scheduled office appointments on April 10, 2018, and
April 13, 2018. The probation officer made attempts to locate
the offender at his residence on April 4, 2018, April 6,
2018, and April 10, 2018, with no contact established. The
probation officer has left numerous voice-mail messages for
the offender on his last known cell phone, and left messages
for his brother, with whom he resides, with directions to
contact this officer immediately with no response received.
The offender's whereabouts are unknown.
2 "The defendant shall participate in a
substance abuse treatment program at the direction of the
probation officer, which may include no more than eight drug
tests per month. The defendant shall abstain from the use of
all intoxicants, including alcohol, while participating in a
substance abuse treatment program. The defendant is
responsible for paying a portion of the fees of substance
abuse testing and/or treatment." The offender
failed to appear for six random urine drug screens on the
following dates: February 3, 2018; February 4, 2018; April 8,
2018; April 10, 2018; April 11, 2018; April 12, 2018.
3 "You shall participate in a mental health
treatment program, as approved by the probation officer, and
abide by the rules and regulations of that program. The
probation officer, in consultation with the treatment
provider, shall supervise participation in the program
(provider, location, modality, duration, intensity, etc.).
You shall take all mental health medications that are
prescribed by your treating physician. The court authorizes
the release of the presentence report and available
evaluations to the treatment provider, as approved by the
probation officer." The offender has
rescheduled at least four mental health treatment
appointments with Midwest Psychological. He failed to report
for two treatment appointments in February and March of 2018.
4 "You shall not knowingly purchase, possess,
distribute, administer, or otherwise use any
psychoactive substances (e.g., synthetic marijuana, bath
salts, Spice, glue, etc.) that impair a person's physical
or mental functioning, whether or not intended for human
consumption." On October 31, 2017, the offender
submitted a urine screen to Volunteers of America, which
tested positive for synthetic marijuana. The offender
admitted to this officer that he smoked synthetic marijuana
or "spice" to produce this positive result.
government moved to dismiss violations nos. 5 and 6 as set
forth in the the Supplemental ...