United States v. Crowe

          REPORT AND RECOMMENDATION

          Doris L. Pryor United States Magistrate Judge

         On December 10, and 16, 2019, the Court held a hearing on the Petition for Warrant or Summons for Offender Under Supervision filed on March 15, and April 10, 2019. Defendant appeared in person with his retained counsel Terrance Kinnard. The government appeared by Abhishek Kambli, Assistant United States Attorney. U.S. Parole and Probation appeared by Officer Troy Adamson.

         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 Defendant Crowe of his rights and provided him with a copy of the petition. Defendant Crowe orally waived his right to a preliminary hearing.

2. After being placed under oath, Defendant Crowe admitted violation numbers 1, 2, 3, and 4. [Docket Nos. 83, and 87.]

3. The allegations to which Defendant admitted, as fully set forth in the petition, are:

         Violation Number Nature of Noncompliance

         1 “You must refrain from any unlawful use of a controlled substance.”

         On February 7, 2019, the offender submitted a urine specimen for analysis which returned positive for amphetamines. He advised he had recently been to the emergency room and received a prescription medication, Dexadrine Spansule, which this officer knows to contain amphetamines. After repeated requests, on February 25, 2019, Mr. Crowe submitted documentation to this officer confirming the prescription. The urine specimen was then sent to Alere Laboratory who confirmed the sample as being positive for amphetamine and methamphetamine. A laboratory representative confirmed the use of Dexadrine Spansule would not lead to a positive for methamphetamine. On February 26, 2019, the offender submitted a urine sample which tested positive for cocaine and amphetamines. The sample was forwarded to Alere Laboratory and confirmed positive for amphetamine, methamphetamine, and cocaine.

         As previously reported to the Court, on September 26, 2018, Mr. Crowe submitted a urine specimen which returned positive for cocaine. He admitted using the substance.

         2 “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.”

         On August 17, 2018, this officer referred the offender to the MRT group and provided him with information on location, start date, and start time. He confirmed with this officer he would attend. On August 21, 2018, Mr. Crowe arrived after the MRT group had ended. He was provided the MRT workbook, and signed the participant agreement. Mr. Crowe was advised to report the next week on August 28, 2018; however, he failed to show up. On September 4, 2018, the offender arrived 10 minutes late to the group. On September 11, 2018, he arrived 15 minutes late to the group. On September 18, 2018, he failed to attend the MRT group. On October 22, 2018, Mr. Crowe was discharged from MRT program.

         On November 15, 2018, this officer met with the offender and discussed his non-compliance. He was referred back to the MRT group, and he assured this officer he would attend the next MRT session as directed. Mr. Crowe failed to attend on November 20, and 27, 2018, and was once again dropped from the program for not attending. On February 7, 2019, this officer and a supervisor spoke to the offender at his residence. He was instructed to return to MRT beginning February 19, 2019, and that this would be his last chance. Mr. Crowe advised he still had the MRT book and would attend as required. He failed to report on February 19, 2019.

         3 “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 ...