REPORT AND RECOMMENDATION ON PETITION FOR WARRANT FOR OFFENDER UNDER SUPERVISION
ZACK HAWTHORN, Magistrate Judge.
Pending is a "Petition for Warrant or Summons for Offender Under Supervision" filed August 22, 2013, alleging that the Defendant, Carol Ramsey, violated her conditions of supervised release. This matter is referred to the undersigned United States magistrate judge for review, hearing, and submission of a report with recommended findings of fact and conclusions of law. See United States v. Rodriguez , 23 F.3d 919, 920 n.1 (5th Cir. 1994); see also 18 U.S.C. § 3401(I) (2000); Local Rules for the Assignment of Duties to United States Magistrate Judges.
I. The Original Conviction and Sentence
The Defendant was sentenced on August 28, 2009, before the Honorable Thad Heartfield, United States District Judge for the Eastern District of Texas, after pleading guilty to the offense of mail fraud, a Class C felony. The offense carried a statutory maximum imprisonment term of 20 years. The guideline imprisonment range, based on a total offense level of 9 and a criminal history category of VI, was 27 to 33 months. The Defendant was sentenced to 27 months' imprisonment, followed by 3 years of supervised release subject to the standard conditions of release, plus special conditions to include: financial disclosure, credit restrictions, gambling restrictions, $26, 000 in restitution, and a $100 special assessment.
II. The Period of Supervision
On September 26, 2011, the Defendant completed her term of imprisonment and began service of the supervision term.
III. The Petition
United States Probation filed the instant Petition for Warrant for Offender Under Supervision on August 22, 2013 alleging two violations: 1) the Defendant pled guilty to the offense of theft of property in Angelina County in violation of her mandatory condition that she not commit another federal, state, or local crime; and 2) the Defendant failed to submit restitution payments for six months in violation of her special condition that she submit such payments at a rate of at least 10% of her gross income. This case was reassigned to the Honorable Ron Clark, United States District Judge for the Eastern District of Texas, on August 22, 2013.
On November 25, 2013, the undersigned convened a hearing pursuant to Rule 32.1 of the Federal Rules of Criminal Procedure to hear evidence and arguments on whether the Defendant violated conditions of supervised release, and the appropriate course of action for any such violations.
At the revocation hearing, counsel for the Government and the Defendant announced an agreement as to a recommended disposition. The Defendant agreed to plead "true" to the allegation which asserted that she violated a special condition of supervised release, to wit: the Defendant shall submit monthly restitution payments at a rate of at least 10% of her gross income.
The undersigned recommends that the court revoke the Defendant's supervised release and impose a "split sentence" of eight months: four months' imprisonment followed by two years of supervised release upon release from imprisonment, which includes four months of home confinement as a condition.
V. Principles of Analysis
If the court, pursuant to the Federal Rules of Criminal Procedure applicable to revocation of probation or supervised release, finds by a preponderance of the evidence that the Defendant violated a condition of supervised release, it may revoke a term of supervised release and require the Defendant to serve in prison all or part of the term of supervised release authorized by statute for the offense that resulted in such term of supervised release without credit for time previously served on post-release supervision. 18 ...