United States District Court, S.D. Indiana, Indianapolis Division
REPORT AND RECOMMENDATION
Baker United States Magistrate Judge.
17, 2019, the Court held a hearing on the Petition for
Warrant or Summons for Offender Under Supervision filed on
June 4, 2019 and a supplemental petition filed on June 14,
2019. Defendant Davis appeared in person with his appointed
counsel, Gwendolyn Beitz. The government appeared by Peter
Blackett, 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 Davis of his rights and provided him
with a copy of the petition. Defendant Davis orally waived
his right to a preliminary hearing.
After being placed under oath, Defendant Davis admitted
violation numbers 1, 2, 3, and 4. [Docket Nos. 116 and 122.]
allegations to which Defendant admitted, as fully set forth
in the petition, are:
Nature of Noncompliance
“You shall not use or possess any controlled
substances prohibited by applicable state or
federal law.” On April 25, 2019, Mr. Davis
submitted a urine specimen that yielded positive for
cannabinoids. When confronted about the positive test on
April 30, 2019, he admitted using marijuana by going out to
the club with his brother and friends.
“You shall maintain lawful full time
Davis was released from the Bureau of Prisons and began
supervision on April 16, 2019. At his intake appointment he
was unemployed. He has remained unemployed and failed to
follow through with the probation officer's referral to
PACE/OAR, an employment service. Mr. Davis seems to be making
little to no effort in securing employment.
“You shall participate in a substance abuse treatment
program approved by the probation officer.”
the positive drug screen submitted on April 25, 2019, the
offender was referred to Addiction Counseling and Educational
Services through Recovery Works for an assessment and
treatment services due to the location being nearby his
residence. He was given the referral on April 30, 2019. On
May 20, 2019, this officer received information from the
treatment agency indicating Mr. Davis left them a message but
they tried calling him back on several occasions and could
not reach him. The probation officer then instructed him to
call the agency after which he was set for and assessment on
May 22, 2019. On May 24, 2019, this officer was notified by
the treatment agency that the offender called them an hour
before his appointment and indicated he overslept, at which
time he was told his appointment was within the next hour so
he could still make it. He stated he needed to go to the
doctor; therefore, his appointment was reset to May 28, 2019.
On May 28, 2019, this officer received notification from the
treatment center indicating the offender again did not show
up for his assessment.
“You shall not use or possess any controlled substances
prohibited by applicable ...