United States District Court, S.D. Indiana, Indianapolis Division
REPORT AND RECOMMENDATION
J. Dinsmore, United States Magistrate Judge.
10, 2019, the Court held a hearing on the Petition for
Warrant or Summons for Offender Under Supervision filed on
June 26, 2019. Defendant Evans appeared in person with his
appointed counsel Joseph Cleary. The government appeared by
Lawrence Hilton, Assistant United States Attorney. U.S.
Parole and Probation appeared by Officer Brent Witter.
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 Evans of his rights and
ensured he had a copy of the Petition. Defendant Evans orally
waived his right to a preliminary hearing and reading of the
2. After being placed under oath, Defendant Evans admitted
violation number 1 as set forth in the Petition. [Docket No.
15.] The Government moved to dismiss violation numbers 2 and
3 and the same was granted.
3. The allegations to which Defendant admitted, as fully set
forth in the petition, are:
Number Nature of Noncompliance
“The defendant shall not unlawfully possess a
controlled substance. The defendant shall refrain from any
unlawful use of a controlled substance.”
On May 23, 2019, Mr. Evans submitted a urine sample which was
confirmed positive by Alere Laboratory for marijuana. He
Previously, the Court was advised Mr. Evans tested positive
for marijuana and admitted use on December 19, 2018, and
April 11, 2019. Additionally, Mr. Evans tested positive for
marijuana on April 25, 2019; however, that was viewed as
residual use as it was within the 30 day detection window. As
a result of the positive drug tests, the Court concurred with
the probation officer's recommendation to modify Mr.
Evans' conditions to include substance use disorder
treatment. To date, Mr. Evans is actively participating in
Court finds that that:
(a) The highest grade of violation is a Grade C violation.
(b) Defendant's criminal history category is II.
(c) The range of imprisonment applicable upon revocation of
supervised release, therefore, is 4 to 10 ...