United States District Court, S.D. Indiana, Indianapolis Division
REPORT AND RECOMMENDATION
L. Pryor United States Magistrate Judge
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.
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:
Number Nature of Noncompliance
“You must refrain from any unlawful use of a
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
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.
“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.”
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.
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.
“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