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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,
LAWRENCE GREEN, Defendant.
REPORT AND RECOMMENDATION
Baker United States Magistrate Judge
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.
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
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
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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