United States District Court, S.D. Indiana, Indianapolis Division
REPORT AND RECOMMENDATION
Baker United States Magistrate Judge
April 11, 2019, the Court held a hearing on the Petition for
Warrant or Summons for Offender Under Supervision filed on
February 22, 2019. Defendant Nelson appeared in person with
his appointed counsel Dominic Martin. The government appeared
by Michelle Brady, Assistant United States Attorney. U.S.
Parole and Probation appeared by Officer Angela Smith.
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 Nelson of his rights and provided him
with a copy of the petition. Defendant Nelson orally waived
his right to a preliminary hearing.
After being placed under oath, Defendant Nelson admitted
violation numbers 1, 2, 3, and 4. [Docket No. 363.]
allegations to which Defendant admitted, as fully set forth
in the petition, are:
Violation Number Nature of
1 “You shall not use or possess any controlled
substances prohibited by applicable state or federal
law.” On February 19, 2019, the offender
reported to the probation office and submitted a urine
specimen which yielded positive for opiates. He admitted
consuming Vicodin, which is not prescribed to him, on
February 17, 2019.
2 “You shall submit to substance abuse testing.
You shall not attempt to obstruct or tamper with the testing
methods.” Mr. Nelson reported to the office
following his violation court proceeding on February 14,
2019, to submit a urine specimen but could not provide a
sample. He was directed to report by 4 pm on February 15,
2019, but failed to report or contact this officer with
justification for missing his urine test. On February 19,
2019, he admitted he took an Uber to work but did not take
the Uber downtown to provide his urine screen after work.
3 “You shall not use or possess
alcohol.” Mr. Nelson reported for Moral
Reconation Therapy (MRT) session at the probation office on
February 19, 2019. The facilitator in charge of the program
smelled alcohol on him and gave him a portable breath test.
The test registered positive for alcohol. The MRT facilitator
further advised he had smelled alcohol on the offender the
week before but did not test him. Mr. Nelson admitted he has
been consuming alcohol to deal with some relationship
4 “You shall participate in a cognitive
behavioral program, such as Moral Reconation Therapy (MRT),
at the direction of the probation officer and abide by the
rules of the program.” Mr. Nelson reported for
his second to last Moral Reconation Therapy (MRT) session at
the probation office on February 19, 2019, and tested
positive for alcohol. Due to his noncompliance, and his
excessive history of non-compliance in this program. He was
terminated from that program indefinitely.
parties stipulated that:
(a) The highest grade of violation is a Grade B ...