USA v. MCQUEEN et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
)
v. 	) 	Cause No. 1:13-cr-0184-SEB-KMB
)
KEVIN SCOTT NOBLE, 	) 	- 03
)
Defendant. 	)
REPORT AND RECOMMENDATION
On February 17, 2026, the Court held a hearing on the Petition for Warrant
or Summons for Offender Under Supervision filed on December 1, 2025. Defendant
Noble appeared in person with his appointed counsel William Dazey. The
government appeared by Kelsey Massa, Assistant United States Attorney. The U. S.
Probation Office appeared by Officer Martin Burtt.
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 Noble of his rights and provided him
with a copy of the petition. Defendant Noble orally waived his right to a preliminary
hearing.
2. 	After being placed under oath, Defendant Noble admitted violations 2,
and 3. [Docket No. 397.] The Government orally moved to withdraw violation 1; said
motion was granted by the Court, and violation 1 was dismissed.
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3. 	The allegations to which Defendant admitted, as fully set forth in the
petition, are:
Violation
Number 	Nature of Noncompliance
2 	“The defendant shall not unlawfully possess a controlled
substance. The defendant shall refrain from any unlawful
use of a controlled substance.”
On October 26, 2022, Kevin Noble admitted to using suboxone
without 	a 	prescription, 	his 	urinalysis 	confirmed 	positive 	for
suboxone. On July 11, 2023, he submitted a sample which was not
consistent with human urine. On July 12, 2023, he submitted a
urine sample which was positive for amphetamine and diluted.
Due to multiple diluted samples submitted from
December 2024, through August 2025, a sweat patch was placed
on Mr. Noble on September 3, 2025, which tested positive for
amphetamine and methamphetamine.
3 	“The defendant shall participate in a substance abuse
treatment 	program 	at 	the 	direction 	of 	the 	probation
officer, which may include no more than eight drug tests
per month. The defendant shall abstain from the use of all
intoxicants, including alcohol, while participating
in a substance abuse treatment program. The defendant is
responsible for paying a portion of the fees of substance
abuse testing and/or treatment in accordance with his
ability to pay.”
Kevin Noble was unsuccessfully discharged with substance abuse
treatment from Life Springs Health on October 31, 2025, due to
his 	non-compliance 	with 	the 	medication 	assisted 	treatment
program with suboxone.
4. 	The parties stipulated that:
(a) 	The highest grade of violation is a Grade B violation.
(b) 	Defendant’s criminal history category is VI.
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(c) 	The advisory range of imprisonment applicable upon revocation
of supervised release, therefore, is 21 to 27 months’
imprisonment.
5. 	The government recommended a sentence of 21 months' imprisonment
with no supervised release to follow. Defendant opposed any term of incarceration
and argued for substance abuse treatment/counseling.
The Magistrate Judge, having considered the relevant factors in 18 U.S.C. §
3553(a), see 18 U.S.C. § 3583(e), and as more fully set forth on the record, finds that
the Defendant violated the conditions in the petition, and that his conditions of
supervised release should be modified. Specifically, the undersigned recommends
that the following condition of supervision be imposed on Defendant: Defendant
shall participate in the in-patient treatment program at Grace House (Anderson,
Indiana) and fully comply with all rules and requirements of said program. The
Court directed the Probation Officer to promptly advise the Court of any instance of
non-compliance with the program's requirements. This condition is intended to
address Defendant's drug abuse issues and improve his ability to make productive
life decisions and communicate with others.
In addition to the mandatory conditions of supervision, the Court may
consider the following conditions be imposed:
1. 	You shall report to the probation office in the judicial district to which you
are released within 72 hours of release from the custody of the Bureau of
Prisons.
2. 	You shall report to the probation officer in a manner and frequency
directed by the court or probation officer.
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3. 	You shall permit a probation officer to visit you at a reasonable time at
home, or another place where the officer may legitimately enter by right
or consent, and shall permit confiscation of any contraband observed in
plain view of the probation officer.
4. 	You shall not knowingly leave the judicial district without the permission
of the court or probation officer.
5. 	You shall answer truthfully the inquiries by the probation officer, subject
to your 5th Amendment privilege.
6. 	You shall not meet, communicate, or otherwise interact with a person you
know to be engaged, or planning to be engaged, in criminal activity. You
shall report any contact with persons you know to be convicted felons to
your probation officer within 72 hours of the contact.
7. 	You shall reside at a location approved by the probation officer and shall
notify the probation officer at least 72 hours prior to any planned change
in place or circumstances of residence or employment (including, but not
limited to, changes in who lives there, job positions, job responsibilities).
When prior notification is not possible, you shall notify the probation
officer within 72 hours of the change.
8. 	You shall not own, possess, or have access to a firearm, ammunition,
destructive device or dangerous weapon.
9. 	You shall notify the probation officer within 72 hours of being arrested,
charged, or questioned by a law enforcement officer.
10. You shall maintain lawful full time employment, unless excused by the
probation officer for schooling, vocational training, or other reasons that
prevent lawful employment.
11. You shall not enter into any agreement to act as an informer or a special
agent of a law enforcement agency without the permission of the court.
12. As directed by the probation officer, you shall notify third parties who may
be impacted by the nature of the conduct underlying your current or prior
offense(s) of conviction and/or shall permit the probation officer to make
such notifications and/or confirm your compliance with this requirement.
13. You shall make a good faith effort to follow instructions of the probation
officer necessary to ensure compliance with the conditions of supervision.
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Justification 1-13: These are administrative conditions.
14. The defendant shall participate in a substance abuse treatment program
at the direction of the probation officer, which may include no more than
eight drug tests per month. The defendant shall abstain from the use of
all intoxicants, including alcohol, while participating in a substance abuse
treatment program. The defendant is responsible for paying a portion of
the fees of substance abuse testing and/or treatment in accordance with
his ability to pay.
15. You shall not use or possess any controlled substances prohibited by
applicable state or federal law, unless authorized to do so by a valid
prescription from a licensed medical practitioner. You shall follow the
prescription instructions regarding frequency and dosage.
16. 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 methods.
17. You shall not knowingly purchase, possess, distribute, administer, or
otherwise use any psychoactive substances (e.g., synthetic marijuana,
bath salts, Spice, glue, etc.) that impair a person’s physical or mental
functioning, whether or not intended for human consumption
18. You shall not use or possess alcohol.
Justification 14-18: These conditions all relate to substance abuse and
would offer the offender stability, accountability, and support to remain
sober while on supervision. This would address the offender's history of
abuse and attitude towards treatment. It would also offer the probation
officer the ability to closely monitor the offender's behavior while on
supervision.
19. The defendant shall submit to the search of his person, vehicle,
office/business, residence and property, including computer systems and
Internet-enabled devices, whenever the probation officer has a reasonable
suspicion that a violation of a condition of supervision or other unlawful
conduct may have occurred or be underway involving the defendant.
Other law enforcement may assist as necessary. The defendant shall
submit to the seizure of any contraband that is found, and should
forewarn other occupants or users that the property may be subject to
being searched.
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Justification 18: A search condition would permit the supervising officer to
address the offender's previous noncompliance and illegal substance use
while on supervision. This condition would assist the offender in living a
law abiding life as well as serve as a protective measure for the
community.
Defendant reviewed the foregoing conditions with his attorney. Defendant, on
the record, waived reading of the above-noted conditions of supervised release. In
addition, Defendant consented to a modification of the terms of his supervision to
include the Grace House condition listed above.
The Defendant is to be taken into custody immediately pending the District
Judge’s action on this Report and Recommendation.
The 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 to serve and file written
objections with the District Judge.
So RECOMMENDED.
Date: 02/17/2026
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Distribution:
All ECF-registered counsel of record via email generated by the court’s ECF system
Electronic notice to:
United States Probation Office
United States Marshal
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