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 Sarah Evans Barker, directing the
duty magistrate judge to conduct a hearing on the Petitions
for Warrant or Summons for Offender Under Supervision
(“Petition”) filed on January 29, and February
22, 2019 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 March 6, 2019,
in accordance with Rule 32.1 of the Federal Rules of
March 6, 2019, defendant Paul T. McDougall, III appeared in
person with his counsel, Mario Garcia. The government
appeared by Cynthia Ridgeway, Assistant United States
Attorney. The United States Probation Office
(“USPO”) appeared by Officer Tasha Taylor, who
participated in the proceedings.
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. McDougall 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. McDougall questions
to ensure that he had the ability to understand the
proceedings and his rights.
copy of the Petition was provided to Mr. McDougall and his
counsel, who informed the court they had reviewed the
Petition and that Mr. McDougall understood the violations
alleged. Mr. McDougall waived further reading of the
Petition. The court summarized the Petition.
court advised Mr. McDougall 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.
McDougall was advised of the rights he would have at a
preliminary hearing. Mr. McDougall stated that he wished to
waive his right to a preliminary hearing, stipulating that
there is a basis in fact to hold him on the specifications of
court then advised Mr. McDougall 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 him unless the court determined that the
interests of justice did not require a witness to appear.
McDougall, by counsel, stipulated that he committed Violation
Numbers 1, 2, 3, 4, and 5 set forth in the Petition as
Violation Number Nature of
1 “The defendant shall refrain from unlawful
use of a controlled substance.” On December
19, 2018, and January 16, 2019, the offender submitted urine
samples which tested positive for amphetamine. The samples
were sent to the Alere Laboratory for further testing and
were confirmed positive for amphetamine and methamphetamine.
Subsequently, Mr. McDougall submitted a sample on January 22,
2019, which tested positive for amphetamine.
As previously reported to the Court, on October 30, December
14, and 18, 2018, Mr. McDougall submitted urine samples which
tested positive for amphetamine. He admitted to the use of
methamphetamine up to twice weekly since his commencement of
2 “You shall submit to substance abuse testing
to determine if you have used a prohibited substance or to
determine compliance with substance abuse treatment. Testing
may include no more than 8 drug tests per month. You shall
not attempt to obstruct or tamper with the testing
As previously reported to the Court, Mr. McDougall failed to
report for urinalysis testing at the Indianapolis
Comprehensive Treatment Center (ICTC) three times in November
2018, as well as on December 4, 2018. He failed to report for
testing at the probation office on December 12, and 13, 2018.
He has since failed to report for urinalysis testing at ICTC
on December 27, 2018, and January 9, 2019. He informed the
probation officer he avoided drug tests due to his continued
use of methamphetamine since his release from prison.
3 “The defendant shall refrain
from unlawful use of a controlled
On February 12, and 15, 2019, Mr. McDougall submitted urine
samples which tested positive for amphetamine. On February
15, 2019, he informed the probation officer he continued to
consume methamphetamine, but claimed he last used the
substance on February 9, 2019. To date, he has not submitted
a negative sample since beginning his term of supervised
4 “You shall submit to
substance abuse testing to determine if you have
used a prohibited substance or to determine
compliance with substance abuse treatment. Testing may
include no more than 8 drug tests per month.
You shall not attempt to obstruct or tamper with the testing
methods.” The offender failed to report for
urinalysis testing at the Indianapolis Comprehensive
Treatment Center on February 8, 2019.
5" You shall participate in a program of
treatment for sexual disorders, including
periodic polygraph examinations, as directed by the probation
officer. The treatment provider should determine the type and
timing of such polygraph examinations. The court authorizes
the release of the presentence report and available
psychological evaluations to the treatment provider, as
approved by the probation officer."
Mr. McDougall began participation in the psychosexual
treatment program at the Indianapolis Counseling Center on
December 20, 2018. He is required to report once weekly for
group treatment sessions. However, he failed to report on
December 31, 2018, February 4, and 18, 2019. On February 19,
2019, he was unsuccessfully discharged from treatment due to
failure to comply with the agency's attendance policy, as
well as for continued drug
6. The court placed Mr. McDougall under oath and directly
inquired of Mr. McDougall whether he admitted violations 1,
2, 3, 4, and 5 of his supervised release set forth above. Mr.