United States District Court, S.D. Indiana, Indianapolis Division
REPORT AND RECOMMENDATION
J. Dinsmore United States Magistrate Judge.
September 18, 2019, the Court held a hearing on the Petition
for Warrant or Summons for Offender Under Supervision filed
on August 26, 2019. Defendant McDougall appeared in person
with his appointed counsel Michael Donahoe. The government
appeared by Kristina Korobov, Assistant United States
Attorney. U.S. Parole and Probation appeared by Officer Tasha
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 McDougall of his rights and provided
him with a copy of the Petition. Defendant McDougall orally
waived his right to a preliminary hearing.
After being placed under oath, Defendant McDougall admitted
Violation Nos. 1, 2, 3, 4, 5, and 6 as set forth in the
Petition. [Docket No. 74.]
allegations to which Defendant admitted, as fully set forth
in the Petition, are:
Nature of Noncompliance
“You shall refrain from any unlawful
use of a controlled substance.”
As previously reported to the Court, Mr. McDougall
submitted urine samples which tested positive for
methamphetamine on May 22, 2019, May 28, 2019, May
30, 2019, and June 5, 2019. He has since submitted
samples on June 12, 2019, June 21, 2019, July 10,
2019, July 16, 2019, July 18, 2019, July 30, 2019,
and August 20, 2019. These samples have also tested
positive for methamphetamine. A sample was last
collected on August 23, 2019, and is pending results.
Since the commencement of the term of supervised
release on May 3, 2019, he has only submitted one
negative sample on May 7, 2019.
“You shall submit to substance abuse
testing to determine if you have used a prohibited
substance or to determine compliance with substance
abuse treatment. Testing may include no more than 8
drug tests per month. You shall not attempt to
obstruct or tamper with the testing
As previously reported to the Court, the offender
failed to report for urinalysis testing on May 17,
2019, June 14, 2019, and June 20, 2019. He has since
failed to report for testing on July 31, 2019, and
August 13, 2019.
“You shall participate in a substance
abuse or alcohol treatment program approved by the
probation officer and abide by the rules and
regulations of that program. The probation officer
shall supervise your participation in the program
(provider, location, modality, duration, intensity,
etc.). The court authorizes the release of the
presentence report and available evaluations to the
treatment provider, as approve by the probation
Mr. McDougall failed to report for individual
substance abuse counseling sessions at Take Bake
[sic] Control, LLC, on July 19, 2019, July 24, 2019,
July 29, 2019, July 31, 2019, August 14, 2019, and
August 16, 2019. Also, as previously reported to the
Court, he failed to report on June 25, 2019.
“You shall report to the probation
officer in a manner and frequency directed by the
court or probation officer.” As
previously reported to the Court, the offender failed
to report to the probation office as directed on June
4, 2019. He has further missed appointments with the
probation officer on July 16, 2019, July 23, 2019,
and August 15, 2019.
“You shall notify the probation officer
within 72 hours of being arrested, charged, or
questioned by a law enforcement
As previously reported to the Court, a routine
criminal record check was conducted and revealed Mr.
McDougall received an infraction/citation in Marion
County, Indiana, on May 14, 2019, under cause number
49G13-1905-IF-023319 for Driving While Suspended. He
did not disclose this information to the probation
officer as required.
“You shall participate in a program of
treatment for sexual disorders, including periodic
polygraph examinations, as directed by the probation
officer. The treatment provider should determine the
type and timing of such polygraph examinations. The
court authorizes the release of the presentence
report and available psychological evaluations to the
treatment provider, as approved by the probation
Upon commencing his second term of supervised
release, the offender was referred to the
Indianapolis Counseling Center for psychosexual
treatment. However, he was not admitted into the
program as a result of him having an outstanding
balance with the provider. He was instructed by the
probation officer to make attempts to make regular
payments toward this debt. To date, he has made no
payments, and therefore, he has not resumed
Court finds that:
(a) The highest grade of violation is a Grade B violation.
(b) Defendant's criminal history category is II.
(c) The range of imprisonment applicable upon revocation of
supervised release, therefore, is 6 to 12 months'
parties jointly recommended a sentence of twelve (12) months
with no supervised release to follow. Defendant requested
placement at FMC Lexington, Kentucky.
Magistrate Judge, having considered the factors in 18 U.S.C.
§ 3553(a), and as more fully set forth on the record,
finds that the Defendant violated the conditions set forth in
the Petition, and Recommends that Defendant's supervised
release be revoked, and that Defendant should be sentenced to
the custody of the Attorney General or his designee for a
period of twelve (12) months with no supervised release to
follow. The Defendant is to be taken into custody immediately
pending the District Judge's action on this Report and
Recommendation. The Magistrate Judge further recommendations
that the District Judge recommend placement of Defendant at
FMC Lexington, Kentucky.
parties are hereby notified that the District Judge may
reconsider any matter assigned to a Magistrate Judge. The
parties have fourteen days after being served a copy of this
Report and Recommendation ...