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United States v. Doyle

United States District Court, E.D. Texas, Tyler Division

November 20, 2017

UNITED STATES OF AMERICA
v.
VALERIE LYNN DOYLE (3)

          REPORT AND RECOMMENDATION ON PETITION FOR WARRANT FOR OFFENDER UNDER SUPERVISION

          K. NICOLE MITCHELL, UNITED STATES MAGISTRATE JUDGE.

         Pending is a “First Amended Petition for Warrant or Summons for Offender under Supervision” filed August 8, 2017, alleging that the defendant, Valerie Lynn Doyle, 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(1) and Local Rules for the Assignment of Duties to United States Magistrate Judges.

         I. The Original Conviction and Sentence

         Defendant was sentenced on March 13, 2013, by Chief United States District Judge Ron Clark, after pleading guilty to the offense of Possession of a List 1 Chemical with Intent to Manufacture Methamphetamine, a Class C felony. This offense carried a statutory maximum imprisonment term of 20 years. The guideline imprisonment range, based on a total offense level of 21 and a criminal history category of V, was 70 to 87 months. Chief Judge sentenced Defendant to 70 months of imprisonment followed by a 3-year term of supervised release subject to the standard conditions of release, plus special conditions to include financial disclosure, drug aftercare, the $100 special assessment fee, and a 5-year restriction on federal benefits. On March 18, 2015, Defendant's term of imprisonment was reduced to 57 months, pursuant to 18 U.S.C. § 3582(c)(2).

         II. The Period of Supervision

         On March 21, 2016, Defendant completed her period of imprisonment and began service of the term of supervised release.

         III. The Petition

         United States Probation Officer Hunter Eppes filed the Petition for Warrant for Offender Under Supervision raising eleven allegations. The petition alleges that Defendant violated the following conditions of release:

Allegation 1. The defendant shall not commit another federal, state, or local crime. Here, it is alleged that on or about June 10, 2017, at approximately 1:03 AM, Defendant was arrested by Texas DPS Troopers in Hunt County, Texas, for Failure to Identify, violating Texas Penal Code Sec. 38.02, Tampering with Physical Evidence, violating Texas Penal Code Sec. 37.09, and Possession of a Controlled Substance in Penalty Group 1, 4 grams or more but less than 200 grams, violating Texas Health and Safety Code Sec. 481.115(d). Police reports indicate a traffic stop was initiated due to an obscured license plate on a vehicle driven by the defendant. When asked for identification, Defendant allegedly provided a false driver's license and claimed her name was Peggy Denise Graves. The driver's license photo did not resemble Defendant, yet she allegedly continued to lie when questioned further. Passengers in her vehicle stated that they knew Defendant by the name of Aryona Faith. The DPS Troopers allowed the passengers to leave the scene on foot and Defendant was arrested for failure to identify. A search of the vehicle yielded a large bag of suspected methamphetamine (approximately 137 grams) within reach of the driver's seat. Defendant was transported to Hunt County Jail and claimed to have no other drugs at that time. However, upon arrival at the jail, a search of the area where Defendant was seated revealed a small baggie of methamphetamine on the floorboard. Defendant's identity was ultimately discovered and Defendant remained at the Hunt County Jail. According to the Hunt County Clerk's Office, Defendant pled No Contest to Failure to Identify on or about June 28, 2017, and was sentenced to 90 days confinement in Cause No. CR1700752. According to the Hunt County District Attorney's Office, Defendant has been appointed counsel but their office has yet to receive lab results confirming the suspected methamphetamine. The felonies remained pending and were expected to be presented to the Grand Jury in September 2017.
Allegation 2. The defendant shall not illegally possess a controlled substance. The same facts asserted for Allegation 1 are asserted for Allegation 2.
Allegation 3. The defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or any paraphernalia related to any controlled substances, except as prescribed by a physician. The same facts asserted for Allegation 1 are asserted for Allegation 3.
Allegation 4. The defendant shall not leave the judicial district without permission of the Court or probation officer. Here, it is alleged that Defendant did not have the Court or probation officer's permission to be in Hunt County, Texas, within the Northern District of Texas, when arrested on June 10, 2017.
Allegation 5. The defendant shall not commit another federal, state, or local crime. Here, it is alleged that Defendant was arrested on September 27, 2016 by the Denison, Texas, Police Department for failing to display a driver's license, in violation of Texas Transportation Code Sec. 521.025. Police reports indicate a traffic stop was initiated due to Defendant traveling too close to another vehicle. A passenger, identified as Bruce Frith, Jr., was observed tossing a baggy of suspected methamphetamine out of the moving car prior to the stop. The narcotics were recovered and Defendant was unable to provide a valid driver's license when commanded. Defendant's alleged criminal associate was arrested for tampering with evidence, possession of a controlled substance, and two outstanding Grayson County warrants. Defendant was arrested for the transportation violation and both individuals were taken to the Grayson County Jail. On December 6, 2016, the Denison Municipal Court issued a Capias Pro Fine warrant which remains active at this time.
Allegation 6. The defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer. Here, it is alleged that Defendant failed to notify the probation officer of her arrest by the Denison, Texas, ...

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