United States District Court, S.D. Texas, Laredo Division
REPORT AND RECOMMENDATION OF THE UNITED STATES
SCOTT HACKER UNITED STATES DISTRICT JUDGE.
1, 2017 and June 9, 2017, the undersigned held hearings on a
Form 12 petition to revoke supervised release and related
supplemental petitions. (Dkt. Nos. 91, 93, and 105). The
Government was represented by Assistant United States
Attorneys Alfredo De La Rosa and Chris dos Santos. Defendant,
STEVEN WING, was represented by Assistant Federal Public
Defender David Castillo.
was sentenced on June 25, 2014, before The Honorable U.S.
District Judge George P. Kazen in the Southern District of
Texas-Laredo Division, after pleading guilty to attempting to
possess with the intent to distribute 50 kilograms or more of
marijuana. This offense carried a statutory maximum
imprisonment term of 20 years. The guideline imprisonment
range, based on a total offense level of 23 and a criminal
history category of II, was 51 to 63 months. Defendant was
subsequently sentenced to 48 months confinement, along with 3
years of supervised release.
April 13, 2016, Defendant began service of the supervision
term. On January 28, 2016, the Court modified Defendant's
conditions to incorporate community confinement for a period
of up to 180 days because Defendant reported that he would be
homeless upon his release from BOP custody. (Dkt. No. 89).
Soon thereafter, Defendant requested that his supervision be
transferred to the Albany Division in the Northern District
of New York. The probation office in the Albany Division
required Defendant to modify his supervised release
conditions before accepting supervision. (Dkt. No. 90 at 2).
On April 14, 2016, Defendant agreed to these modifications.
(Dkt. No. 90 at 5-6). On April 26, 2016, the Court ordered
that Defendant's conditions of supervised release be
modified. (Dkt. No. 90 at 4).
October 18, 2016, the instant petition was filed. (Dkt. No.
91). The supplemental petitions were filed on December 19,
2016, and January 17, 2017, respectively. (Dkt. Nos. 93 and
105). Therein, the petitions allege that Defendant violated
the following conditions:
1) Failure to follow USPO's instructions; and
2) Failure to report as directed.
petitions are summarized as follows. On June 27, 2016,
Defendant reported to the probation office in the Albany
Division in the Northern District of New York. At that time,
the probation officer explained to Defendant his conditions
of release and the eight specific sex offender conditions
that were added by the Court's later modification.
Despite the probation officer's instructions, on several
occasions during July 2016 and on at least one occasion
during August 2016, Defendant accessed the internet utilizing
his stepmother's tablet. Further, on December 19, 2016,
Defendant was summoned to appear for a revocation proceeding
at 1:00 p.m. on January 4, 2017. Defendant failed to do so.
June 1 st revocation hearing, Defendant pleaded true to the
first and second allegations. After further inquiry, the
undersigned determined that there was a factual basis in the
record to support Defendant's plea of true to these
of the facts mentioned above, at the June 9th revocation
hearing, the undersigned advised that he would be
recommending that Defendant be committed to the custody of
the Bureau of Prisons to be imprisoned for 6 months to serve.
The undersigned stated that he would be recommending that
Defendant be placed back on supervised release until the
original expiration date of April 12, 2019, under the same
terms and conditions that were previously imposed, except
that, when Defendant is released from the Bureau of
Prison's custody, Defendant shall be placed in a reentry
center for a period of 6 months in Laredo, Texas. Finally,
the undersigned stated that he would be recommending that
Defendant's conditions of supervised release include the
specific sex offender conditions of supervised release that
were added through modification in April 2016.
on the foregoing, it is RECOMMENDED that Defendant's plea
of true to the first and second allegations, as set forth in
the petitions, be ACCEPTED.
upon Defendant's plea of true to these allegations, it is
further RECOMMENDED that the Court find that Defendant
violated the conditions of his supervised release.
further RECOMMENDED that Defendant's supervised release
further RECOMMENDED that Defendant be committed to the
custody of the Bureau of Prisons to be ...