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United States v. Doyle

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

May 2, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
MICHAEL A. DOYLE, Defendant.

          REPORT AND RECOMMENDATION

          VAN WILLIS UNITED STATES MAGISTRATE JUDGE

         On April 15, 2019 and April 30, 2019, the Court held an Initial Hearing and Final Revocation Hearing, respectively, on the Petition for Warrant or Summons for Offender Under Supervision filed on April 8, 2019 (Docket No. 482). Defendant Michael A. Doyle appeared in person with his appointed counsel Jonathan Ricketts. The government appeared by Brad Blackington, Assistant United States Attorney, via telephone. U.S. Probation appeared by Officer Shallon Alford.

         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 Mr. Doyle of his rights and provided him with a copy of the petition.
2. Mr. Doyle waived his right to a preliminary hearing.
3. The parties advised the Court they had reached an agreement to resolve the allegations in the Petition but requested a continuance to finalize said agreement.
4. The Court set this matter for a Final Revocation Hearing on April 30, 2019 at 3:00 PM.
5. The parties appeared on April 30, 2019 for the Final Revocation Hearing.
6. After being placed under oath, Mr. Doyle admitted Violation 2. (Docket No. 482.)
7. The allegation to which Defendant admitted, as fully set forth in the petition, is:

         Violation Number Nature of Noncompliance

         2"You must refrain from any unlawful use of a controlled substance." On April 2, 2019, Mr. Doyle admitted to Officer Logan Bensing with the Jeffersonville Police Department in Clark County, Indiana, that he had ingested heroin on that date.

         8. The Government orally moved to withdraw Violation Number 1, ...


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