United States District Court, N.D. Texas, Dallas Division
MEMORANDUM OPINION AND ORDER DENYING DEFENDANT JASON
GIVENS'S MOTION TO COMPEL OR IN THE ALTERNATIVE A MOTION
TO WITHDRAW/REJECT THE PROTECT ACT SUPERVISED VIOLATION
REPORT AND PETITION FOR OFFENDER UNDER SUPERVISION
L. HORAN, UNITED STATES MAGISTRATE JUDGE
Jason Givens is serving a two-year term of supervised release
as part of his sentence for a charge of Felon in Possession
of a Firearm in violation of 18 U.S.C. §§ 922(g)(1)
and 924(a)(2) in an indictment out of this district.
March 7, 2017, Mr. Givens's supervising probation officer
filed a Report on Offender Under Supervision - No Court
Action Recommended, in which he noted that Mr. Givens was
ordered not to commit another federal, state, or local crime
and reported the following as to his belief that Mr. Givens
has violated that condition, “which require(s) official
notification although no Court action is being recommended at
On March 3, 2017, Detective Glenn Harris with the Plano
Police Department advised United States Probation Officer
(USPO) Alvin DeBouse of an active warrant for Jason
Givens' arrest for Robbery. According to Detective
Harris, the Bank Robbery allegedly occurred on or about
February 15, 2017, in Collin County, Texas.
The warrant was executed earlier today. As a result, limited
information is available regarding the offense at this time.
The U.S. Probation Office will keep the Court abreast of any
new information. It is respectfully recommended that no Court
action be taken at this time..
Dkt. No. 22 at 1. The Court “[a]gree[d] with the
recommendation of the probation officer.” Id.
March 17, 2017, Mr. Givens's supervising probation
officer filed a Petition for Offender Under Supervision, in
which he noted that Mr. Givens was ordered not to commit
another federal, state, or local crime and to not leave the
judicial district without the permission of the Court or
probation officer and not to possess a firearm, ammunition,
destructive device, or any other dangerous weapon and
reported that “[t]he probation officer believes that
the offender violated th[ose] conditions” as follows:
Jason Givens violated these conditions of supervised release
on February 15, 2017, when he entered the First National
Bank, Plano, Texas, said "give me all your money,
don't push any buttons or I will shoot, " and took
money from the bank as evidenced by his arrest on March 7,
2017, by the Plano Police Department, Dallas, Texas, for
Robbery, in violation of Texas Penal Code § 29.02(a)(2),
a second degree felony. On March 7, 2017, he was released on
$100, 000 bond and the case remains pending. ....
Mr. Givens violated this condition of supervised release by
possessing ammunition. On March 7, 2017, Sergeant C. Matthews
of the Plano Police Department, Plano, Texas, conducted a
search of Mr. Givens' residence. The search yielded a .45
caliber pistol magazine that contained multiple rounds of
live ammunition. Mr. Givens has not been charged for
possessing ammunition; however, it is a violation of 18 USC
§§ 922(g)(1) & 924 (a)(2), Felon in Possession
of Firearm Ammunition, a Class C felony.
Dkt. No. 23 at 1. The probation officer recommended that the
Court issue a violator's warrant, and the Court then, in
response to the petition, ordered “[t]he Issuance of a
Warrant. Petition and warrant sealed and not to be
distributed to counsel of record until arrest
effectuated.” Id. at 2.
Givens was arrested on the warrant on March 24, 2017 and had
an initial appearance before United States Magistrate Judge
Irma Ramirez that day. See Dkt. No. 28. The Federal
Public Defender was appointed to represent Mr. Givens.
See Dkt. No. 26.
initial appearance, Mr. Givens waived his right to a
preliminary hearing under Federal Rule of Criminal Procedure
32.1(b)(1). See Dkt. No. 30. On the basis of that
waiver, the Court found probable cause to believe that a
violation occurred and that the revocation hearing should be
conduced by the presiding judge, United States District Judge
Sidney A. Fitzwater, on May 26, 2017. See Dkt. No.
government also moved to detain Mr. Givens pending the
revocation hearing, see Dkt. No. 25, and Mr. Givens
waived his right to a detention hearing under Federal Rule of
Criminal Procedure 32.1(a)(6) and 18 U.S.C. § 3143(a)(1)
but reserved his right to ask for a hearing if he is
“released from state custody while this case is pending
(if the ‘blue warrant' is lifted).” Dkt. No.
31 at 1. On the basis of that waiver, Judge Ramirez entered a
Detention Order. See Dkt. No. 27.
March 28, 2017, Judge Fitzwater ordered the final revocation
hearing set for May 26, 2017. See Dkt. No. 33.
17, 2017, the supervising probation officer filed under seal
a Protect Act Supervised Release Violation Report,
see Dkt. No. 35-1, which listed the same alleged
violations of Mr. Givens's conditions of supervised
release as in the March 17, 2017, Petition ...