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United States v. Green

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

April 12, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
LAWRENCE GREEN, Defendant.

          REPORT AND RECOMMENDATION

          Tim A. Baker United States Magistrate Judge

         On March 26, and April 8, 2019, the Court held hearings on the Petition for Warrant or Summons for Offender Under Supervision filed on February 27, March 20, and April 8, 2019. Defendant Green appeared in person with his appointed counsel Gwendolyn Beitz. The government appeared by Nicholas Linder, Assistant United States Attorney. U.S. Parole and Probation appeared by Officer Chris Dougherty.

         The 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 Green of his rights and provided him with a copy of the petition. Defendant Green orally waived his right to a preliminary hearing.
2. After being placed under oath, Defendant Green admitted violation numbers 1, 3, 3a, 4, 5, 7, and 10. [Docket Nos. 46, and 51] Government moved to dismiss violation numbers 2, 3b, 6, 8, 9, 11, and 12.
3. The allegations to which Defendant admitted, as fully set forth in the petition, are:
Violation NumberNature of Noncompliance
1 “The defendant shall not unlawfully possess a controlled substance. The defendant shall refrain from any unlawful use of a controlled substance.”
Lawrence Green submitted five positive urine screens since he began supervision. He admitted illegal drug use for all five screens, but disputes the types of illegal drugs found in his most recent screen. The screens are as follows: September 17, 2018: positive for marijuana; October 3, 2018: positive for amphetamines and marijuana; November 6, 2019: positive for synthetic marijuana; November 30, 2018, positive for amphetamine; February 8, 2019: positive for opiates (Oxycodone), amphetamine (methamphetamine), and marijuana.
During a search of the offender's residence on February 8, 2019, this officer located burned roaches of suspected marijuana.
3 “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 testing and/or treatment in accordance with his ability to pay.” The offender failed to report for six random urine drug screens on: December 6, 2018; December 17, 2018; December 20, 2018; January 22, 2019; February 5, 2019; and February 6, 2019.
The offender was referred for substance abuse treatment on October 5, 2018. The offender has failed to report on at least seven occasions to the Indianapolis Treatment Center for substance abuse treatment.
4 “The defendant shall participate in a program of mental health treatment as directed by the probation officer.” The offender was referred to mental health treatment on October 11, 2018. He has failed to appear for four scheduled sessions, and has not seen the therapist since November 6, 2018, for his assessment appointment. He has been directed numerous times to schedule appointments with the therapist.
5 “The defendant shall not leave the judicial district without thepermission the court or ...

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