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United States v. Dunaway

United States District Court, E.D. Texas

April 20, 2017

UNITED STATES OF AMERICA
v.
CHAD DAVID DUNAWAY (1)

          REPORT AND RECOMMENDATION ON PETITION FOR WARRANT FOR OFFENDER UNDER SUPERVISION

          K. NICOLE MITCHELL, UNITED STATES MAGISTRATE JUDGE

         Pending is a “Petition for Warrant or Summons for Offender under Supervision” filed May 6, 2016, alleging that the Defendant, Chad David Dunaway, violated his 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(1) and Local Rules for the Assignment of Duties to United States Magistrate Judges.

         I. The Original Conviction and Sentence

         Chad David Dunaway was sentenced on March 31, 2009, by United States District Judge Leonard Davis, of the Eastern District of Texas, after pleading guilty to the offense of Possession with Intent to Distribute Methamphetamine, a Class B felony. This offense carried a statutory maximum imprisonment term of 5 years. The guideline imprisonment range, based on a total offense level of 23 and a criminal history category of V, was 84 to 105 months. Judge Davis sentenced Defendant to 100 months of imprisonment followed by a 5-year term of supervised release subject to the standard conditions of release, plus special conditions to include financial disclosure, drug testing and treatment and a $100 special assessment.

         II. The Period of Supervision

         On December 11, 2014, Defendant completed his period of imprisonment and began service of the term of supervised release.

         III. The Petition

         United States Probation Officer Andrea Smith filed the Petition for Warrant for Offender Under Supervision raising one allegation. The petition alleges that Chad David Dunaway violated the following condition of release:

Allegation 1. The defendant shall not commit another federal, state, or local crime. Here, it is alleged that Defendant was arrested on November 14, 2015 and charged with Possession of Controlled Substance PG1 4G<200G, Prohibited Weapon, and Possession of Drug Paraphernalia while in Gregg County, Texas. It is also alleged that Defendant appeared before U.S. Magistrate Judge Mitchell on March 29, 2016 for an initial appearance on an Indictment charging a violation of 21 U.S.C. § 846 (Conspiracy to Possess with Intent to Distribute and Distribution of 500 Grams or More of a Mixture or Substance Containing a Detectable Amount of Methamphetamine, a Schedule II Controlled Substance).

         IV. Proceedings

         On April 20, 2017, the undersigned convened a hearing pursuant to FED. R. CRIM. P. 32.1 to hear evidence and arguments on whether the Defendant violated his 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 had been reached as to a recommended disposition regarding the petition. The Defendant agreed to plead “true” to the allegation in the petition. In addition, the parties agreed that the Defendant should be sentenced to a term of imprisonment of 30 months, to run consecutive to the sentence imposed in Case No. 6:16cr17, with no supervised release to follow.

         V. Applicable Law

         According to 18 U.S.C. § 3583(e)(3), a court may revoke a term of supervised release and require a 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, 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, except that a defendant whose term is revoked under this paragraph may not be required to serve on any such revocation more than 5 years in prison if the offense that resulted in the term of supervised release is a Class A felony, more than 3 years if such offense is a Class B ...


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